Posted: May 19th, 2017

X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a consequence. Under the circumstances

X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a consequence. Under the circumstances A. X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the victim. B. X may plead praetor intentionem since he intended only to scare, not kill Z. C. X may plead aberratio ictus as he had no intention to hit Z. D. X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he fired his gun.