I'm guessing they charged him with attempt because the intent was there; it's also possible that he didn't know she was already dead first, i.e. she was sleeping (or so he thought) when he did it, when, in reality, she'd had a heart attack and was dead.

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"Life is too short to wake up in the morning with regrets. So love the people who treat you right, forget about the ones who don't, and believe that everything happens for a reason. If you get a chance, take it. If it changes your life, then let it, and if you have to wait for what you really want, take the time because nobody said that life would be easy. They just promised it would be worth it." ~ Unknown author