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Exercise 1 of 2

The prosecutor in a criminal case charges John with battery for hitting Dan in the face with a swinging door. Dan, the victim, is called as the only witness and testifies that John pushed the door open very fast. But then he adds that he does not believe that John knew he was on the other side of the door. Should the judge find John guilty of criminal battery on Dan?

A. Yes, because John intended to open the door and was careless.
B. No, because John did not intend to hit Dan.



Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
1 University of New Mexico
Albuquerque, NM 87131-0001
505-277-5006
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