CRM/LAW C144 Chapter Notes - Chapter PEOPLE V DLUGASH: Impossibility Defense, Inchoate Offense, Homicide
21 Jun 2017
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Underlying facts, the actual crime that took place. The defense produced a single witness, the former chief medical examiner of nyc: the expert said that in his view, geller might have died of the chest wounds. Very rapidly since, in addition to eh bleeding, a large bullet going through a lung and the heart would have other adverse medical effects. Trial court declined to charge the jury, as requested by the prosecution, that the defendant could be guilty of murder on the theory that he had aided and abetted the killing of geller by bush. Instead, the court submitted only two theories to the jury: that the defendant had either intentionally murdered geller or had attempted to murder geller. The jury found the defendant guilty of murder. This appeal presents a case involving the application of the modern statute. We must now decide whether, under the evidence presented, the defendant may be held for attempted murder.
