Any attempted murder will most likely be guilty before the law whether the pointed gun is knowingly loaded or not.
What is the case of State v. Damms?
The court rule that since the handgun was empty and unknown by the the assailant who constituted some extraneous factor, this is enough conviction of attempted murder.
Also, majority of opinion hold that a person that points an unloaded gun (pistol) at someone knowing it to be unloaded and pulls the trigger will be found guilty of an attempt to commit murder.
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