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32. What is the most serious crime of which the man can properly be convicted?
(c) Second-degree murder, punishable by up to 40 years in prison, is all other murders.
(b) First-degree murder, punishable by life in prison, is premeditated and deliberate murder.
(a) Capital murder, punishable by death, is the intentional murder of a police officer.
The jurisdiction defines murder as at common law but creates three degrees of murder:
A man decided to kill his neighbor, with whom he had been feuding for years. The man took a handgun and followed his neighbor to the county fairgrounds. When he had a clear shot, he aimed the gun and fired, but at the last second the neighbor moved. The shot missed the neighbor but struck and killed a police officer at the fairgrounds.
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A is incorrect. The jurisdiction defines capital murder as intentionally killing a police officer. Here, the original crime is the premeditated and intentional killing of a man (not a police officer), and it is that intent which is being transferred to the police officer. The man would need to have acted with the intent to kill a police officer to be guilty of capital murder.
C is incorrect. The man acted with premeditation and malice. Under the doctrine of transferred intent, the man is therefore guilty of the more serious offense of first-degree murder.
D is incorrect. Although the man is guilty of the attempted murder of the neighbor, first-degree murder of the police officer is the more serious offense.