Test your Knowledge of Criminal Law

Early one morning (at 4:00 a.m.) Spiker left Dealer's thirteenth-floor apartment with the LSD (a dangerous hallucinogenic drug) that he (Spiker) had just purchased from Dealer, his usual supplier, to use at home.
As he started down the hall towards the elevator, Spiker saw that the milkman, as usual, had just left a half-gallon container of milk outside the Poysend apartment down the hall.
Spiker knew, from past experience, that Mrs. Poysend (Wilda) took the milk in at 4:30 a.m. every morning; after which, according to Dealer, she woke up her husband (Fallen) and her daughter (Nicki) and gave them breakfast before Fallen left for work at 5:00 a.m.

As he came to the Poysend apartment, Spiker, on the spur of the moment, stopped, took the top off of the milk container, took a container of LSD from his pocket and poured its entire contents into the milk. He then replaced the top on the milk container and left the apartment building.

At 4:30 a.m., Wilda took in the milk container and woke her husband and their houseguest (Visit) for breakfast. (Her daughter, Nicki, was spending the night with a friend.) Wilda and Visit each had a glass of milk. Visit had a severe allergic reaction to the LSD in the milk and died. Although the LSD did not kill Wilda, it put her into a dream-like state and caused her to believe that she could fly so she ran onto the apartment terrace, flapping her arms, intending to prove that she could fly by launching herself into space. Fallen, her husband, followed her. As he yelled and pushed her to the terrace floor to keep her from jumping, her flapping arms knocked Fallen off the terrace floor to his death thirteen floors below. Wilda survived.

Discuss the possible criminal liability of Spiker and Wilda, omitting discussion of liability for any possible crime of possession of LSD.


Return to the Main CRES Menu


Back To Top

500 W. Baltimore Street, Baltimore, MD 21201-1786 PHONE: (410) 706-7214 FAX: (410) 706-4045 / TDD: (410) 706-7714
Copyright © 2014, University of Maryland Francis King Carey School of Law. All Rights Reserved.

Hotline Hotline



UM | About This Site | Site Map | Contact Us


500 W. Baltimore Street, Baltimore, MD 21201-1786 PHONE: (410) 706-7214 FAX: (410) 706-4045 / TDD: (410) 706-7714

Copyright © 2014, University of Maryland Francis King Carey School of Law. All Rights Reserved