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Old 08-09-2009, 12:16 AM
Kevin Kevin is offline
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,669
He's guilty of attempted voluntary manslaughter or murder depending upon whether he was adequately provoked or had the time to cool off.

For attempt, a factual impossibility, e.g., the victim already being dead, is not a defense. All you need is the intent to do the specific bad thing and a significant step in that direction.
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