Millen v. State

OPINION

ANDERSON, C.J.

We granted this appeal to determine whether one who intends to kill a specific person but instead kills an innocent bystander may be convicted of premeditated and deliberate first degree murder under the common law doctrine of “transferred intent.” 1

The defendant, who intentionally fired several gunshots at a specific person but inadvertently killed a random victim near the scene, was convicted of premeditated and deliberate first degree murder. The author of the Court of Criminal Appeals’ opinion concluded that the trial court properly in structed the jury on the…