Question 32(1 point)

Saved

A gardener was hired to work in the vineyard of an eccentric billionaire who had decided to get into the winemaking business. The gardener took direction from a groundskeeper who was very stern with the gardener. One day while doing some work in a field, the gardener heard a voice coming from a scarecrow that sat in the field. The voice sounded just like that of the groundskeeper, and ridiculed the gardener mercilessly. The gardener asked how the scarecrow could speak, and the voice replied that the groundskeeper was inside the scarecrow, and that he would always be watching the gardener, no matter where he went. For weeks on end, the voice coming from the scarecrow continued to berate the gardener. Finally, one day the gardener brought a gun with him into the field and loudly proclaimed that he was going to teach the groundskeeper a serious lesson unless he did not stop taunting him. The voice continued. The gardener pulled out a gun and shot the scarecrow five times, only to find that there was nothing inside but a speaker, and that the eccentric billionaire had been mimicking the groundskeeper's voice remotely the entire time. Can the gardener be convicted of attempted murder?

Question 32 options:

A)

Yes, because factual impossibility is not a defense to attempt.

B)

Yes, because legal impossibility is not a defense to attempt.

C)

No, because factual impossibility is a defense to attempt.

D)

No, because legal impossibility is a defense to attempt.