People v. Lovett

Defendant appeals from his plea-based conviction of two counts of assault with intent to do great bodily harm less than murder. MCL 750.84; MSA 28.279. Four issues are raised for our consideration.

The case arises out of a shooting incident. Defendant fired a pistol at Morris Cheatham but the bullet missed him and hit Troy Barbier, who was standing across the street.

Defendant first attacks the doctrine of "transferred intent”, claiming it unconstitutionally shifts the burden of proof to the defendant because intent is presumed.

The doctrine of transferred intent has been explained as follows:

"In…