Legal Question in Criminal Law in Texas

Questions please help

A shot at B intending to kill B, but he missed B and killed C, a close friend of A�s. The police arrest A and charge him with pre-meditated murder. At trial, A argues that he would never have harmed C because C was his best friend. His defense attorney argues that premeditated murder is a specific intent crime and that there are no facts from which the jury can find any intent on A�s part to kill C. The prosecutor, however, contends that A is just as guilty as if he had a premeditated intent to kill C. How should the judge instruct the jury on the issue of intent? What legal doctrine is involved here?


Asked on 7/19/09, 2:44 pm

1 Answer from Attorneys
Ryan Bormaster D. Miller & Associates, P.L.L.C.

Re: Questions please help

The legal doctrine is called "Transferred Intent" and unfortunately, A has problems. If A "intended" to shoot B then A intended to aim at B and fire his weapon. The legal standard is that, so long as A intended to aim and shoot, he has the requisite intent. It is not who he intended to shoot but whether he intended to shoot. If he intended to shoot a gun at someone, then he is liable for his actions, no matter who he ended up shooting. This is the transferred intent doctrine.

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Answered on 7/19/09, 5:09 pm


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