"When one intends to kill subject A but kills subject B in the attempt, one is guilty of the murder of subject B. When confronted with this charge, the old man and his wife were both adamant that neither knew that the shotgun was loaded. The old man said it was his long-standing habit to threaten his wife with the unloaded shotgun. He had no intention to murder her - therefore, the killing of Opus appeared to be an accident. That is, the gun had been accidentally loaded.

"The continuing investigation turned up a witness who saw the old couple's son loading the shotgun approximately six weeks prior to the fatal incident. It transpired that the old lady had cut off her son's financial support and the son, knowing the propensity of his father to use the shotgun threateningly, loaded the gun with the expectation that his father would shoot his mother. The case now becomes one of murder on the part of the son for the death of Ronald Opus.