SECTION 1 - COLQUITT
Bill Hunter was looking forward to shooting his first buck of the year. The night was rather dark and cold. Bill heard movement. He moved his weapon toward the noise. A buck appeared. He fired. The buck fell. Bill took a quick drink from his flask. Not the first of the night, and as cold as it was, probably not the last either. Alcohol has a way of making one forget the cold thought Bill as he moved toward the buck. About then he heard movement again. If it's those deer-stealing poachers again, thought Bill, I'll kill them! Two men appeared from the brush. It's them, thought Bill. He aimed, fired, and the first man fell. The second man shouted, "Halt, drop your weapon. We are state conservation officers. You are under arrest." The first officer was killed instantly. You are a law clerk for the District Attorney. Bill Hunter has been charged with capital murder pursuant to § 13A-5-40 of the Alabama Code. District Attorney has requested that you write a brief memorandum of law on possible defenses which Bill Hunter may raise, and whether any lesser included offenses should be considered.
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