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Z attempts to horsewhip A, not much in such a man¬ner as to cause a grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no means prevent himself from being horsewhipped, shoots Z dead.
A has committed murder
A has not committed murder
A has committed culpable homicide
both (B) and (C)
- Z tries to horsewhip A but not in a way that would cause grievous hurt.
- A, fearing he can’t avoid being whipped, draws a pistol.
- Z continues to assault A.
- A shoots Z dead, believing it’s the only way to prevent being whipped.
Option 1: A has committed murder
- Not correct. Murder requires intent to cause death or serious injury likely to cause death without lawful excuse. Here, A may be acting in self-defense, but the threat was not of grievous hurt or death.
Option 2: A has not committed murder
- This is correct if we focus solely on the definition of murder. However, shooting is excessive force when only minor hurt is threatened.
Option 3: A has committed culpable homicide
- Relevant. A’s act is not murder because there was no threat to life or grievous injury, but killing due to overreaction makes it culpable homicide (not amounting to murder).
Option 4: Both (B) and (C)
- “A has not committed murder” and “A has committed culpable homicide” can both be correct, because the act does not meet the murder threshold but is still an unlawful killing.
Option 4 is the correct answer.
By: Parvesh Mehta ProfileResourcesReport error
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