Harvey v. State

MOYLAN, Judge.

The subject of this appeal is the doctrine of transferred intent. The particular question is whether that doctrine, indisputably applicable when an unintended victim is killed and the crime charged is a consummated homicide, is similarly applicable when the unintended victim is not killed (either hit but only wounded or not even hit but only endangered) and the arguable crime, even with the benefit of the doctrine, would only be an inchoate criminal homicide, such as 1) assault with intent to murder, 2) attempted murder (in either degree), or 3) attempted voluntary manslaughter.

T…