Garrett v. State

OPINION ON STATE’S MOTION FOR REHEARING

CAMPBELL, Judge.

We granted argument on the State’s motion for rehearing in order to address two grounds:

The majority opinion erred in reversing appellant’s murder conviction on the ground that there was legally insufficient evidence to support the same because:(a) the law of transferred intent was effectively submitted to the jury;(b) the law of transferred intent could be used to support the jury’s verdict; and(c) a knowing killing of the deceased was not the only theory of murder submitted in the trial court’s charge to the jury.

Where a defendant is…