Rakeem D. King (Defendant) was convicted in the Circuit Court, Charleston County, J.C. Nicholson, Jr., J., of

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Rakeem D. King (Defendant) was convicted in the Circuit Court, Charleston County, J.C. Nicholson, Jr., J., of attempted murder, armed robbery, and possession of a firearm during the commission of a violent crime. King appealed. The SC Court of Appeals reversed.

Facts

On November 26, 2010, at 4:06 a.m., a customer called Yellow Cab requesting to be picked up at 1808 Carlton Street in North Charleston. The operator recorded the customer’s telephone number from Yellow Cab’s caller identification. At 4:11 a.m., Yellow Cab dispatched Dario Brown to that location. Brown was familiar with the Carlton Street area because his aunt had lived at 1809 Carlton— directly across the street from 1808 Carlton.....


1. List all the facts relevant to deciding Rakeem King’s state of mind regarding attempted murder.

2. The trial judge instructed the jury that, “A specific intent to kill is not an element of attempted murder but it must be a general intent to commit serious bodily harm.” Why did the Court of Appeals rule that the instruction was reversible error?

3. Should attempted murder require the specific intent to kill?

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Criminal Law

ISBN: 9781305577381

12th Edition

Authors: Joel Samaha

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