Case of Polo, Francesca, and Gianciotto

TRANSCRIPT

*** Case 1 ***

Gianciotto Malatesta wants to kill his brother Paolo, who is the secret lover of his wife
Francesca. Despite the betrayal, Gianciotto is still in love with his wife.

At 10 in the evening, armed with a gun, Gianciotto lies in wait near Paolo's house.
Hidden behind a bush in the dark, Gianciotto waits for Paolo to return from his usual
walk with his dog.

Having seen a man approaching with a dog, sure that the man is his brother,
Gianciotto fires two shots at him. The gunshots hit the victim in the heart and kill him
instantly. The dog runs away.

However, Gianciotto immediately realizes that the victim is not Paolo, but his old friend
Guido, who also has a dog and lives in the neighborhood.

Can Gianciotto be convicted of any crime?

*** Case 2 ***

Disappointed for having killed the wrong victim, Gianciotto drags Guido's corpse
behind the bush, and again he lies in wait to kill Paolo.

After a while, Paolo actually returns home. Having recognized Paolo's dog with
certainty, and having seen only one person walking, Gianciotto aims at him and fires
four shots.

None of the bullets hit the intended victim. Two shots hit the sidewalk; a third hits Paolo's
dog, who dies instantly; the fourth bullet hits in the heart ... poor Francesca, who had
secretly followed her lover in the night-walk and was walking hidden next to Paolo.

Paolo is terrified and he immediately runs away; Gianciotto is horrified to discover that
he has killed his wife.

Can Gianciotto be convicted of any crime?