Multistate Bar Examination (MBE) Practice Exam 2025 – The Comprehensive Guide to Bar Exam Success!

In this scenario, D can be found guilty of both attempted murder of B and murder of the homeowner due to the circumstances surrounding the actions.

D intended to kill B, which establishes a clear motive and intent for murder regarding B. However, during the act, D accidentally killed a different person, the homeowner. This accidental death can lead to a murder charge for the homeowner because D's actions resulted in the death of another person, even though it was not the person D intended to kill. In criminal law, this is often characterized by the principle of transferred intent. The intent to kill B transfers to the unintended victim, the homeowner, when D's actions directly result in that person's death.

Simultaneously, D can also be charged with attempted murder of B because D had the intent to kill B, and took a substantial step towards that goal, regardless of the outcome. The key here is that the intent to kill B was present, and thus the attempt remains valid even though the intended target was not killed.

The other options do not encompass the full scope of D's liability, as they either limit the charges to attempted murder of only one individual or mischaracterize the nature of the homicide. Consequently, the dual charges for attempted murder and actual