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Murder Case Study

Fabio and Michelle dated all through high school. They decided after their high school graduation to tie the knot and get married. In March 2000, they were married. At first everything was blissful. However, after a few years Michelle was bored with Fabio

Fabio was a very successful businessman and worked long hours. One afternoon while at work, Fabio became violently ill and decided to go home. When Fabio got home, he entered the bedroom and saw his wife Michelle and Nicholas, an old high school friend, in bed together.

Fabio became angry but was too sick to do or say anything. He then proceeded to the den to lie down on the couch. He could barely move or even converse for the next few days. Eventually Fabio began to feel better. He remembered what he had seen when he came home ill. Fabio then got into his car and drove to a gun shop. Fabio purchased a gun and ammunition.

After his purchase, Fabio drove to Nicholasâ?? home. He knocked on the front door and Nicholas answered. Fabio asked Nicholas why he was having an affair with his wife. Nicholas told Fabio that he was not having an affair with his wife. Fabio became frustrated, upset and shot and killed Nicholas.

Fabio was charged with first degree murder.

Based on the above facts is Fabio guilty of first degree murder or any lesser included offense? Discuss.

Solution Preview

In general, for an act to be defined as murder, the killing of the individual within a given situation must be unlawful, the killing of this individual must have been carried out with malice, and the killing of the individual must have been of a premeditated nature. Due to the facts in the case presented, Fabio would indeed be guilty of murder. Fabio unlawfully killed Nicholas, the killing was carried out with malice, and Fabio made the conscious ...