ESSAY QUESTION

Criminal Law - Professor Moskovitz - Spring, 1991, Final Exam

Time: one hour

To: My law clerk

From: Al Ligator, Esq.

Don Dork (D) has been charged with conspiracy to commit burglary, attempted murder of Vince Vance (V), and murder of Bob Bee (B). At trial, the key witness for the prosecution was Al Ames (A), who testified as follows:

Prosecutor: What happened at your house on July 5?

Ames: I was there with my friends, Don and Bob. I said, "We need some cash. Old man Vince lives in the apartment house across the street. He just got his social security check, for about $700. Tomorrow morning, he will go to the bank to cash it. Let's wait for him at the apartment building. When he comes back from the bank, we'll get him and take the money." Bob said, "Good idea".

Prosecutor: Did the three of you go to the apartment building the next morning?

Ames: Yes. We waited by the steps leading up to the front door. Vince walked up, and he stopped on the sidewalk to talk to some lady for a few minutes. I whispered to Bob and Don, "Wait til he gets inside the lobby." Vince said goodbye to the lady, and he walked up the steps. We followed him. When Vince got to the top step, Bob grabbed him and said, "Let's have the money, Vince." Vince pulled a gun from his coat pocket and said, "No way." Bob took out a knife and stabbed Vince in the shoulder. We all ran back to my house. I found out later that Vince was seriously injured, but he wasn't killed. I also found out that Vince had no money with him.

Prosecutor: What happened when you got back to your house?

Ames: When we got inside, I said to Bob, "Bob, you really screwed up. You probably killed Vince." Bob said, "Well, it's all your fault, Al. You should have told me that Vince carried a gun. Now I'm in big trouble, you bastard!" Bob then pulled out his knife and glared at me. I thought he was going to stab me, so I opened a desk drawer next to me, took out a handgun, and shot him in the chest. Bob was killed.

Dork has moved for a directed verdict of acquittal on each of the three charges, claiming that the above evidence is insufficient to permit the jury to find him guilty. How should the court rule?