1979 Criminal Law - CRIMINAL LAW SECTION B3 Mid-Term...

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Unformatted text preview: CRIMINAL LAW SECTION B3 Mid-Term Examination Two and 1/2 Hours "Bur I rhoughr once rhe I.R.S. applied a penal*, rhnr x a s /he end of ir." OPEN BOOK Instructions Each of the three problems is of equal weight. Budget your time accordingly. Answer all the questions reasonably raised in each problem even though your resolution of a prior issue in the same problem may technically make decision of the other issues immaterial. If you believe that you need more facts than are presented to ade- quately resolve an issue, indicate specifically what facts you believe you need and why. Specific citations to cases are welcome but not as a sub- stitute for thinking, i.e. do not use case citations instead of clearly stating the relevant point of law. CRIMINAL LAW 3B3 PAGE 2 I n Commonwealth v . I l l i c h , Pa. Super. - , 405 A.2d 937 ( 1 9 7 9 ) , t h e Pennsylvania Superior Court found t h e following f a c t s e s t a b l i s h e d i n t h e t r i a l c o u r t : "Two groups of men were involved i n f i g h t s over a p e r i o d of days. 1 l l i c h was r e l u c t a n t t o g e t involved, b u t on t h e - d a y of t h e k i l l i n g agreed t o j o i n A and B i n an attempt t o i n f l i c t b o d i l y harm on X I Y and t h e i r a s s o c i a t e s . I l l i c h took a .32 c a l i b e r gun w i t h him and A and B took b a s e b a l l b a t s . A t 9:00 p.m., A and B and I l l i c h proceeded by c a r t o X ' s neighborhood. A was d r i v i n g , B was i n t h e f r o n t s e a t and I l l i q h was i n t h e back. "Upon a r r i v i n g i n X ' s neighborhood, t h e y found Z ( t h e v i c t i m ) and a s s o c i a t e s on a c o r n e r . I l l i c h g o t o u t of t h e c a r w i t h a b a t and sought a f i g h t . H i s i n v i t a t i o n was d e c l i n e d . H e r e e n t e r e d t h e c a r and announced t h a t , i f anyone threw anything a t t h e c a r , 'youse a l l bought it.' While t h e evidence i s c o n t r a d i c t o r y and t h e c o u r t i n d i c a t e d a few i t e m s may have been thrown a t t h e c a r , no t h r e a t a p p a r e n t l y r e s u l t e d . Nevertheless a p p e l l a n t p o i n t e d t h e gun o u t t h e window, t h e crowd d i s p e r s e d and he f i r e d i n t h e d i r e c t i o n of t h o s e running. The c a r t h e n l e f t ....
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This note was uploaded on 01/17/2012 for the course LAW 5046 taught by Professor Johnburkoff during the Fall '11 term at Cornell University (Engineering School).

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1979 Criminal Law - CRIMINAL LAW SECTION B3 Mid-Term...

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