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MMLU / During a drunken quarrel between a husband and a wife, the husband pointed his…

Problem

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question

During a drunken quarrel between a husband and a wife, the husband pointed his gun at his wife and said, "If I didn't love you, I'd kill you. " The husband thought the gun was unloaded but, in fact, earlier that day his son had loaded it. As a joke, he fired the gun at his wife, wounding her in the shoulder. The husband is later charged with committing a battery upon his wife. If the husband attempts to prove that he was so inebriated he could not have formed a criminal intent, this would constitute a

choices

  1. good defense, because the charge requires a specific intent.
  2. good defense, because at least a general criminal intent is required for every offense.
  3. poor defense, because voluntary intoxication is not a valid defense to battery.
  4. poor defense, because the husband was not aware that the gun was loaded.

subject

professional_law

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Source and history

Official source

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