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Copyright © 2007, Gerald Bamberger


Kegdowner had raked together a large pile of leaves in the back of his expansive
property. Behind the pile of leaves was a newsprint storage facility.

One day, after Kegdowner had had a few too many beers, he took a five-gallon
canister filled with gasoline and proceeded to douse the pile of leaves with
gasoline. Because of his drunken condition, Kegdowner emptied the entire
canister of gasoline over the pile, although only a drizzle of gasoline would have
caused the entire pile to erupt into flames. When Kegdowner lit a match to the
gasoline-soaked pile, it exploded violently. Kegdowner, who was seriously
burned in the incident, survived only because the wind was blowing in a fortunate
direction at the time.

The wind was not as kind to the storage facility, which caught fire immediately.
Firefighters battled the fire for hours, and one firefighter died in putting out the

Can Kegdowner properly be convicted of the murder of the firefighter?

(a)     Yes, because arson is a dangerous felony.
(b)     Yes, because Kegdowner acted with a depraved heart.
(c)     No, if Kegdowner was so drunk that he could not consciously disregard
the risk.
(d)     No, because the firefighter came to the scene after Kegdowner's crime
was completed.

To see Professor Bamberger explain the answer in detail click here.





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