Problem for My Criminal Law Review Session Thursday:

Bert and Ernie are walking down the street from the local bar, when they see their old nemesis the Count. Drunk and a little paranoid, they conclude that the Count is trying to kill them, so they decide to kill him to prevent that from happening; but they don’t want to confront him directly.

Fortunately, they see Oscar sitting in his trashcan. “Help us out, Oscar,” they say; “come up to the Count and ask him to count your trash bag collection.” “No!,” says Oscar, annoyed by the request. “You’d better do it, or else we’ll beat you up.” “Okay,” says Oscar, and does what they ask of him.

While the Count is distracted, Bert pulls out his handgun and pulls the trigger; but it turns out that Bert had forgotten to load the handgun. Bert and Ernie then run away, but Oscar isn’t as fast. The Count jumps on Oscar and tries to kill him by drinking his blood, but the police come before Oscar is entirely drained, and save Oscar’s life.

What crimes have been committed, or may have been committed, here? Apply the Model Penal Code as well as the various common-law rules that we’ve studied.