A man is hired to kill another man. His plan is to enter the bedroom of his intended victim in the middle of the night and shoot him. On the night of the planned attack, the intended victim dies in his sleep of a heart attack. The hit man shows up, skillfully enters the house, goes up to the bedroom and in the darkness spys his target asleep in bed. Unaware that the intended victim is already dead, the hitman proceeds to shoot him 3 times squarely in the head. A police cruiser by chance happens to be on that block and sees the flashes of light and the familar report of gunshots. They arrest the hitman redhanded with the gun in his hand. Question: Is the hitman guilty of murder? Disregarding conspiracy to murder, did he commit a crime?