At a party, Diane and Victor agreed to play a game they called "spin the barrel." Victor took an unloaded revolver, placed one bullet in the barrel, and spun the barrel. Victor then pointed the gun at Diane's head and pulled the trigger once. The gun did not fire. Diane then took the gun, pointed it at Victor, spun the barrel, and pulled the trigger once. The gun fired, and Victor fell over dead. A statute in the jurisdiction defines murder in the first degree as an intentional and premeditated killing or one occurring during the commission of a common-law felony, and murder in the second degree as all other murder at common law. Manslaughter is defined as a killing in the heat of passion upon an adequate legal provocation or a killing caused by gross negligence. The most serious crime for which Diane can properly be convicted is 
murder in the first degree, because the killing was intentional and premeditated and, in any event, occurred during commission of the felony of assault with a deadly weapon.  murder in the second degree, because Diane's act posed a great threat of serious bodily harm.  manslaughter, because Diane's act was grossly negligent and reckless.  no crime, because Victor and Diane voluntarily agreed to play a game and each assumed the risk of death.
Question: At a party, Diane and Victor agreed to play a game they called "spin the barrel." Victor took an unloaded revolver, placed one bullet in the barrel, and spun the barrel. Victor then pointed the gun at Diane's head and pulled the trigger once. The gun did not fire. Diane then took the gun, pointed it at Victor, spun the barrel, and pulled the trigger once. The gun fired, and Victor fell over dead. A statute in the jurisdiction defines murder in the first degree as an intentional and premeditated killing or one occurring during the commission of a common-law felony, and murder in the second degree as all other murder at common law. Manslaughter is defined as a killing in the heat of passion upon an adequate legal provocation or a killing caused by gross negligence. The most serious crime for which Diane can properly be convicted is 
A. murder in the first degree, because the killing was intentional and premeditated and, in any event, occurred during commission of the felony of assault with a deadly weapon. 
B. murder in the second degree, because Diane's act posed a great threat of serious bodily harm. 
C. manslaughter, because Diane's act was grossly negligent and reckless. 
D. no crime, because Victor and Diane voluntarily agreed to play a game and each assumed the risk of death.
Answer: