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Author Topic: Transferred Intent  (Read 2370 times)

Smokey Griggs

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Re: Transferred Intent
« Reply #20 on: December 29, 2004, 02:47:44 AM »
not that cut n' dried, y'all.  no transferred intent for voluntary manslaughter, for instance.  like say one a you non-drivin' mothafuckas runs up on the sidewalk while yackin on yer goddamn cellphone and rolls over, let's say, mike tyson's momma.  an innocent citizen observes the incident and makes the bad mistake of trying to intervene whilst this enraged no-neck havin' ear-savorin' beast slowly approaches your smashed automobile, in drooling full-metal jacket mode, to snatch the life outcha ass.  the intervening dumbass runs up on mike t, knowing full well he's about ta pull yer chitlins outcha dirty brown doughnut, to try to calm him down, to prevent the bloodshed.  38 seconds later, he's a stain on the sidewalk, and mike t goes down for the full-on murder rap, no voluntary manslaughter plea available cause there ain't no transferred intent for such *&^%.

jeffjoe

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Re: Transferred Intent
« Reply #21 on: December 29, 2004, 10:14:46 AM »
The intent is transferred to a different victim.  The status of the victim defines the offense.  Yes, it's a felony.

what's to discuss?


Yes.  What's to discuss?

I have a question.

Suppose student A attempts to hit student B, (which would be misdemeanor assault) but much to the surprise of student A, a teacher shows up out of no where, steps in and gets struck by A's fist.  Under the state statute, assaulting a teacher is a felony. Does the doctrine of transferred intent make A's punch a misdemeanor or a felony?

Assault = Knowingly causing or attempting to cause physical harm to another.

Discuss.

Better work on that imagination before that examination.  I imagine the "what's to discuss" portion is the presumption that all victims are equal and the use of transferred intent to boost the offense from a mis to a fel.
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Burning Sands

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Re: Transferred Intent
« Reply #22 on: December 30, 2004, 11:58:15 AM »
you guys are making me think too much over this break
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