A defendant was walking through a park when he decided to rob someone. He hid behind a tree, lying in wait for a victim to approach. Shortly thereafter, a girl was strolling in the park when the defendant suddenly jumped from his hiding place and accosted her. Although the defendant intended only to rob his victim, he punched her in the mouth and she fell to the ground. The defendant then grabbed her purse and fled. Unknown to the defendant, the girl suffered a fractured skull when her head struck the pavement. She subsequently died from her head injuries. Which of the following is the most serious crime for which the defendant can be found guilty?
(A) Murder.
(B) Felony murder.
(C) Involuntary manslaughter.
(D) Voluntary manslaughter.

Choice C is the correct answer

Explanation:

Remember the distinction between voluntary and involuntary manslaughter. Voluntary manslaughter involves the intentional killing of another in the “heat of passion” brought about by adequate provocation. Provocation is adequate if it would cause a reasonable person would to lose self-control. Except for the mitigation of this objectively reasonable emotional condition, the intentional killing would be murder. On the other hand, involuntary manslaughter is an unintended homicide where there is an unlawful killing in the commission of an unlawful act not amounting to a felony. Here we have a battery (a misdemeanor at common law) that results in an unintended death. The most serious crime that the defendant can be convicted of is involuntary manslaughter. Choice (A) is incorrect because the defendant only intended to frighten his neighbor (an assault) and did not intend to kill him or to inflict great bodily harm; because there is no malice, the defendant cannot be convicted of murder. Choice (B) is incorrect because this was not an intentional killing. Choice (D) is incorrect. While there was, in fact, a battery, the victim died, and the question prompt asks the student to identify the most serious crime for which the defendant can be convicted.

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