Here's a question from a hypothetical law exam that was given to me earlier this semester. We were told that a few months of school would skew our perception on things that seem common sense so, i figured i'd like to see the reaction from some people who aren't studying the law as compared to some people who are. K, here's the hypo...
John and Sandy have been married for six months and the relationship is already rocky. Sandy suspects John of cheating and vice versa. One day John arrived home early from work to find Sandy's car in the driveway along with one he had not seen before. Upon entering his bedroom he found his wifes clothes sprawled out on the bed and floor and a strange man asleep in his bed. His wife was not in the room. Upon seeing this John flew into a fit of rage, grabbed a gun from his dresser drawer and fired 4 shots at the man in the bed. All of the shots hit the man. 2 in the head, 2 in the chest. He had obviously killed the man.
Upon hearing the shots, a neighbor called the police, who arrived quickly to find the husband and wife in a heated argument in the room with the body. It turns out that while having her affair, the wifes sexual partner dropped dead of a heart attack in the middle of the act. John shot a man who was already dead!
The question is this. Will John be held liable for attempted murder and violent assault even though the body was already dead? Or, does the fact that it already was dead free him from any criminal wrongdoing?
I know my answer, but I ain't sharing yet...have fun figuring it out!
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