A man was arguing with a police officer and was shot in the stomach. Though he lost consciousness, he continued struggling with the officer while unconscious, causing the policeman’s gun to discharge. The police officer’s gunshot the police officer who died right away (adapted from People v. Newton). WOULD THE UNCONSCIOUS MAN’S ACTIONS BE CONSIDERED VOLUNTARY (ACTION UNDER HIS CONTROL) OR INVOLUNTARY(ACTION NOT UNDER HIS CONTROL)? WHY?

WILL HE BE CONVICTED OF HOMICIDE?