People v. Haack

240 N.W.2d 704 (1976)

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People v. Haack

Michigan Supreme Court
240 N.W.2d 704 (1976)

Facts

A friend gave Arthur Haack (defendant) a loaded revolver to carry. Haack rearranged the bullets in the revolver’s cylinder, believing that the new arrangement meant that the next chamber was empty and that no bullet was ready to fire. At a party, a stranger gave Haack a hard time about carrying a gun. Haack claimed that he initially tried to walk away, but that the stranger kept talking to him. Haack then decided to scare the stranger by pointing the gun at him and firing the empty chamber. However, the revolver’s cylinder did not turn the way Haack thought it would, and Haack’s act of pulling the trigger shot a bullet at the stranger. The stranger died from the gunshot. Haack pleaded guilty to second-degree murder, and the court accepted his plea as supported by the evidence. On appeal, Haack claimed that his second-degree-murder conviction should be overturned because murder required intent and the evidence did not support a finding that he had intended to kill the stranger. Haack argued that because he had intended only to scare the stranger and did not believe that the gun would fire, the shooting was either accidental or, at worst, manslaughter. The appellate court affirmed Haack’s conviction of second-degree murder, and the Michigan Supreme Court agreed to review the matter.

Rule of Law

Issue

Holding and Reasoning (Levin, J.)

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