A person with the mens rea for murder fires a gun at the victim, misses the heart (for which the bullet was aimed), and hits the arm. Two weeks later the victim dies of cancer. The correct charge against the actor is:

Question

Quizplus · Accepted Answer

The actor had the intent to kill (mens rea) and took a substantial step towards committing murder by firing the gun, but the victim did not die as a result of the gunshot. Therefore, the appropriate charge is attempted murder.

A Person with the Mens Rea for Murder Fires a Gun