28. Should the man's conviction be reversed?

The man was convicted of murder in a jurisdiction that follows the common law of homicide. On appeal, he argues that the evidence, which essentially set out the facts above, was insufficient to support a verdict of murder.

A man allowed his friend to borrow a debit card to buy a computer. When the friend refused to return the card during a later conversation in a bar, the man pointed a handgun at the friend, held his finger on the trigger, and said, «Give it back!» A bystander screamed and threw a beer bottle at the man. The bottle struck the man's hand and caused the gun to discharge, killing the friend instantly.

No, because the evidence was sufficient to support a verdict of depraved-heart murder
No, because the evidence was sufficient to support a verdict of felony murder
Yes, because the evidence showed that the man did not intentionally pull the trigger
Yes, because the evidence showed that the man’s intent was not to kill the friend, but to take property from him under a claim of right

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Murder, as defined by common law, is the unlawful killing of another human with malice aforethought. Malice refers to the mens rea required for a murder conviction. Malice aforethought arises when the defendant commits the unlawful killing with one of the following mental states: intent to kill, intent to inflict great bodily harm or depraved/malignant heart (a killing committed with reckless indifference to an unjustified risk of human life), or felony murder. Felony murder is a killing caused during the attempt or during the commission of an inherently dangerous felony, such as robbery, burglary, rape, kidnapping, and arson, or statutorily enumerated felonies. The intent required for a felony murder conviction is the intent necessary to commit the underlying felony. There are several limitations to the felony murder rule. For instance, a valid defense to the underlying felony serves as a valid defense to felony murder; the victim's death must be a foreseeable result of the felony; and the underlying felony on which the felony murder is based, cannot itself be a killing.

A is correct. The man threatened his friend with his finger on the trigger of the gun. This is evidence of extreme recklessness and indifference to an unjustified risk of human life that resulted in the killing of his friend. This would satisfy the elements of depraved-heart murder.

B is incorrect. The defendant was not attempting or committing an inherently dangerous felony for purposes of the felony murder rule. Because the evidence does not show the defendant committing an inherently dangerous felony such as burglary, robbery, kidnapping, arson, or rape, there is no support for a felony murder charge.

C is incorrect. The mere act of pointing a gun towards a person, with your finger on the trigger, in a crowded bar, is sufficient to satisfy depraved-heart murder. Even if the man did not intend to pull the trigger, the pointing of the gun in these circumstances makes the murder conviction proper and the conviction cannot be reversed on these grounds.

D is incorrect. The mental state for murder is malice, not specific intent. As discussed above, malice can be satisfied by reckless indifference to human life. The man satisfied the malice requirement by pointing a gun at his friend with his finger on the trigger in an occupied bar. Because the man satisfied the malice requirement, the conviction cannot be reversed on these grounds.

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28. Should the man's conviction be reversed?

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