“an attempt to commit second or third degree murder would seem to require proof that a defendant intended to perpetrate an unintended killing— which is logically impossible”
How later courts described this case
- “an attempt to commit second or third degree murder would seem to require proof that a defendant intended to perpetrate an unintended killing— which is logically impossible”
Written by the judges who cited it.
The opinion
ORDER
PER CURIAM.
The above-captioned cases are dismissed as the appeal in each case was improvidently granted.
Senior Justice MONTEMURO did not participate in the consideration or decision of this case.
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*
Montemuro, J., who is sitting by designation as Senior Justice pursuant to Judicial Assignment Docket No. 94 R1801, due to the unavailability of Larsen, J., see No. 127 Judicial Administration Docket No. 1, filed October 28, 1993, did not participate in the consideration or decision of this matter.