Next Generation Bar Exam Quiz
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Defendant intended to kill Victim. Believing Victim was asleep, Defendant fired six shots into Victim's bed. Victim was not home. Defendant is charged with attempted murder. Defendant argues that because Victim was not present, no attempted murder occurred. The court is considering: Attempt Statute: 'A person commits attempt when, acting with the intent to commit a crime, the person takes a substantial step toward the commission of the crime.' State v. Blair (State Supreme Court): 'Factual impossibility—where the intended result is impossible because of circumstances unknown to the actor—is not a defense to attempt.' State v. Chen (State Supreme Court): 'Legal impossibility—where the actor's intended conduct, if completed, would not be a crime—is a defense to attempt.' A law review article arguing that a defendant should not be liable for attempt if the intended victim was absent.
Which source is dispositive of Defendant's impossibility argument?
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