Question

A man was arguing with a police officer and was shot in the stomach. Though he lost consciousness, he continued struggling with the officer while unconscious, causing the policeman’s gun to discharge. The police officer’s gunshot the police officer who died right away (adapted from People v. Newton).

WOULD THE UNCONSCIOUS MAN’S ACTIONS BE CONSIDERED VOLUNTARY (ACTION UNDER HIS CONTROL) OR INVOLUNTARY(ACTION NOT UNDER HIS CONTROL)? WHY?

WILL HE BE CONVICTED OF HOMICIDE?

Answer 1

This is a bit complex. According to the case, People v. Newton the petitioner did not subject himself to criminal liability by virtue of a voluntary act. Therefore, the unconscious man's actions would be considered voluntary simply because he was operating his weapon. Moreover, he will not be convicted of homicide.

Step-by-step explanation: