McCray v. State

Writ of error was taken to a judgment 'of conviction of murder in the second degree upon an indictment charging that Tom McCray “did unlawfully and from a premeditated design to effect the death of one John Dean,” fatalfy shoot John Dean.

One who kills one person through mistaken identity, while attempting and intending with premeditated design to kill another person, is guilty-of murder in the first de gree, and the indictment in such a case properly alleges that the premeditated design was to effect the death of the person actually slain, since the law transfers the felonious intent in such…