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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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SN -SINCE 1869-
"EXCELLING WITH HONOR"
S N E T T
Mu Tau 5, Central Oklahoma
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