Thompson v. State

in which MEYERS, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

In this case we consider the scope of one of the more difficult penal code provisions, *789which deals with one variant of the law of “transferred intent” in Texas. Texas Penal Code § 6.04(b)(1) provides:

A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated, or risked is that ... a different offense was committed.

We conclude that the provision can be used under certain circumstances to transfer intent from a lesser offense to a…