我国《刑法》第25条第1款规定：共同犯罪是指二人以上共同故意犯罪。根据以上定义，下列属于共同犯罪的是( )。
A．甲、乙两人共谋要给丙一点教训，在去丙家的路上，乙因为家中有急事而返回家中，甲仍然入室殴打丙。
B．甲欲杀乙，故意将装好子弹的枪支给丙，并骗丙说是空枪，叫丙向乙瞄准恐吓乙，结果枪走火乙中弹身亡。
C．两辆汽车相撞后一同冲向路边压死行人。
D．甲、乙合谋抢劫丙的录音机，甲先将丙打伤，乙趁机将录音机抢走。
参考答案：D
解析：A中乙为犯罪未遂，乙的行为与犯罪结果的发生之间没有因果关系，不构成共同犯罪；B中乙为过失，不具有共同的故意；C项中“两车相撞后一同冲向路边压死行人”是意外事件；D项甲乙具有共同故意，并且共同实施了犯罪行为。
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| John had been on the road visiting clients (客户) for more than three weeks. He 1 wait to get back to Ohio to see his wife and children. It was coming up on 2 , and he usually tried to 3 it "back home", but this year he was just too tired. He was just 4 the small town where his Mum lived when he drove by a flower shop. He went into the small shop and saw a young boy talking to the clerk. "How many 5 can I get for six dollars, madam?" the boy asked. The clerk was trying to explain these flowers were 6 . Maybe the boy would be happy with carnations (康乃馨). "No. I have to have roses", he said, "My mom was sick so much last year and I didn't get to spend much time with her. I want to get 7 special. It has to be red roses, because that's her favorite." He was 8 . The clerk looked up at John and was just 9 her head. Something inside of John was 10 by the boy's voice. He wanted to get those roses so badly. John had been blessed in his business and he looked at the clerk and 11 mouthed he would 12 for the boy's roses. The clerk looked at the boy and said, "OK, I will give you a dozen red roses for 13 dollars." The young boy almost jumped into the air. He took the flowers and ran from the store. It was worth the extra thirty-five dollars just to see that kind of 14 . John ordered his own flowers and had the clerk be 15 that delivery to the town would include a note 16 his mother how much he loved her. Then he drove away from the shop, feeling good. He caught a light about two blocks from the shop. Waiting at the light, he saw the young boy walking down the sidewalk. He watched him cross the street and enter a park through two huge gates. 17 , he realized it wasn't a park. It was a cemetery. The light changed and John slowly crossed the crossing. He 18 and got out and began to follow the boy down the fence line. The young boy stopped by a monument and went on his 19 . He carefully laid the roses on the grave and began to sob. When John saw this scene, he drove quickly to the florist and told the clerk he would take the flowers 20 . | ||||
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