Question
One evening Dick and Mary went out to Mallie's Bar. After several hours of drinking Dick started quarreling with Mary. Dick pulled out his revolver
One evening Dick and Mary went out to Mallie's Bar. After several hours of drinking Dick started quarreling with Mary. Dick pulled out his revolver and aimed it at Mary. Believing that the gun was unloaded he yelled out to Mary, if I did not love you I would kill you and he fired the gun. The bullet hit Mary and wounded her in the shoulder. Assume for this question that Dick was arrested and charged with battery. If Dick attempts to prove that he was so inebriated that he could not have formed a criminal attempt, this would constitute a
A. good defenses, because battery is a specific intent crime.
B. good defense, because intoxication is a valid defense.
C. poor defenses because voluntary intoxication is not a defense to battery.
D. poor defense, because Dick believed the gun was unloaded.
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