Legal Question in Criminal Law in California

Re: Legal Question

Say you murdered someone with a

weapon (ie gun, etc) but the toxicology

reports shows that they were poisoned

and would have died regardless. Who is

guilty? Or more guilty in a court of law -

the shooter or the poisoner??


Asked on 5/13/08, 5:18 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Re: Legal Question

Law students spend entire semesters debating topics such as these. If the victim was alive both at the time of being shot and or being poisoned, each perpetrator was at least guilty of attempted homicide (attempted first degree murder in the case of the poisoner, since all poisonings are first degree murders). I suppose it then becomes a battle-of-the-expert witnesses over whether each perp would have necessarily caused the death of the victim.

Unlike law students, a real jury would find them both guilty in a Van Nuys minute, and both would go to prison for 25-to-life or more.

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Answered on 5/13/08, 5:27 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Re: Legal Question

Interesting very academic question. My view is the shooter would be guilty of murder as the gunshot beat the poison to the punch so to speak and was the actual cause of death. The poisoner would at least be guilty of attempted homicide.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 5/13/08, 6:23 pm


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