Which of the following pieces of evidence would best enable a district attorney to levy a charge of first degree murder against the wife?
A wife returns home and finds her husband in bed with another woman. The wife shoots the other woman. Although the scene appears, at first glance, to be a classic “heat of passion” scenario, the District Attorney asks police to gather more evidence before levying a formal charge.
a. The wife was aware of the affair and expected the couple to be in the bedroom at that time; she had purchased a gun the previous day in anticipation of walking in on them.
b. The wife was completely unaware of the affair until the moment she entered her bedroom, where a loaded gun lay on a nearby table.
c. The husband had a $1,000,000 insurance policy taken out on his wife.
d. The gun used in the killing was on a nightstand near the bed, and was already loaded when the wife picked it up.
Answer: A
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