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Assume that Davis lives next door to Barton. Davis finds out that Barton has been having an affair with his (Davis') wife. He is seething with rage. Davis buys a gun and waits until Barton comes out to sunbathe by his pool. Davis sees Barton sleeping in a lounge chair and leaps over the fence. Davis then puts four shots into Barton's head. Later Davis is arrested and it is discovered that Barton was ALREADY DEAD (from a massive coronary attack) when Davis shot him. What charge, if any, should Davis face and why? No charge at all - This is a "no harm - no foul" situation. The charge of Murder because that is what Davis intended. Attempted Murder since everything but the "last step" was taken Assault since Davis "damaged" Barton but Barton was dead.
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