CRIMINAL LAW — Professor Moskovitz

MIDTERM EXAM — Tuesday, October 14, 2003

OUTLINE OF ISSUES

I. Intent to kill?

A. No statements showing such intent.

B. Bicycle not a deadly weapon.

II. Intent to commit serious bodily injury? No evidence of intent to cause an injury close to death.

III. Depraved heart?

1. Magnitude of risk? Compare riding horse into crowded intersection.

2. D’s awareness of risk? Bad knee raised risk, but D was not aware of bad knee. Compare Bolsinger.

IV. Felony Murder?

A. Based on burglary? D entered building, but did he then intend to commit larceny?

D intended to take LL for 3 days, which would probably not be intent to permanently deprive or take major economic value of video. People v. Jennings.

B. Based on robbery?

1. Pushing V’s hand away would seem to qualify as “force.” Commonwealth v. Brown.

2. No force used in initial taking, but Pennsylvania statute allows conviction based on force used in flight after the theft.

3. Killing was “in perpetration of” robbery, as it occurred before D reached place of temporary safety. People v. Salas.