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Intent Malice and intent to kill can be inferred by the jury from the Defendant's use of a deadly weapon, under circumstances which you do not believe afforded the Defendant excuse, justification or provocation for his or her conduct. The Court instructs the jury that intent to commit a larceny therein is an essential element of the crime of (breaking and entering) (burglary) (entering without breaking) which may be inferred by the jury from the facts and circumstances of the case. The Court further instructs the jury that malice and intent (to maim, disfigure, disable or kill) may be inferred by the jury from the defendant's use of a deadly weapon under circumstances which you do not believe afforded the defendant excuse, justification or provocation for his conduct. www.state.wv.us /wvsca/jury/crim/intent.htm   (601 words)

[No title] Arizona also has a transferred- intent statute that allows intent to be transferred from one victim to another if the resulting harm to the unintended victim is the same type of harm contemplated for the intended victim. Intent is imputed as the result of a legal fiction adopted to prevent wrongdoers from escaping the consequences of killing without specific intent by the fluke of bad aim. Defendant was charged with shooting Alma Meyers '"with intent to commit murder."' Defendant argued on appeal that the shooting of Meyers was accidental and that he lacked the intent necessary to establish the crime of shooting Meyers with an intent to commit murder. www.wallacejordan.com /decisions/Opinions2004/1021997.htm   (4949 words)

Intent to Kill In asking you to determine whether the defendant acted with intent, you are asked to determine the defendant's intention by evaluating [his] [her] conduct [including any statements made by the defendant], and the circumstances surrounding the conduct which resulted in the killing. Any interval of time between the forming of an intent to kill and the execution of that intent, which you find to be of sufficient duration for a person to be conscious of what he intended, is sufficient to support a finding that the defendant acted with intent. The intent required in homicide is a general intention to kill a human being, and when the ultimate outcome is the intended one; the defendant is being punished only for the crime which he intended. myweb.wvnet.edu /~jelkins/adcrimlaw/intent_to_kill.html   (858 words)

[No title] The intent that "transferred" was not lessened by this provocation; only Carter's guilt in the eyes of the law was lessened because of the factual circumstances. Thus, even if Carter's intent in killing Cephas did not "transfer" to the killing of Johnson, it remained the same for a single course of conduct in which two people were killed, and we would have to say that the jury did not render inconsistent verdicts based on Carter's intent. The correct law is that the heat-of-passion itself --- the mental disturbance in the defendant --- is the critical element of the mitigation, and the "lawful provocation" by the victim is merely the condition the law imposes on its willingness to recognize the mitigating effect of heat-of-passion. www.wallacejordan.com /decisions/Opinions2002/1010251.htm   (3449 words)

[No title] Anderson) C. Doctrine of transferred intent - if you intend a battery to A but "screw up" and commit a battery upon B, you are liable to B for the battery and any harm suffered by B proximate to the battery (White v. Larcenous intent is not required: Intent to convert the article is sufficient, and it is no defense that one was mistaken as to the ownership of the article. Larcenous intent is not required: Intent to trespass against the article is sufficient, and it is no defense that one was mistaken as to the ownership of the article. www.ibiblio.org /jwsnyder/outlines/tortf92.txt   (13696 words)

84261 -- State v. Walker -- Pierron -- Kansas Court of Appeals Transferred intent is an accepted principle in the courts of this state. The court held that while a specific intent to injure was a necessary element of aggravated battery, under the doctrine of transferred intent, the intent to injure could be transferred to the harm to a bystander who was unintentionally injured. The intent is transferred to the person whose death has been caused, or as sometimes expressed, the malice or intent follows the bullet.'" 40 Am. www.romingerlegal.com /kansas/kansas_courts/84261.htm   (4054 words)

Intent he general notion of "intent" in the law as it relates to intentional torts is somewhat confusing due to the variety of legal terms that are typically used to describe it. Often referred to by the term "simple intent," this concept views the notion of intent in its simplest form: as merely an intent to do "the act" (e.g., step onto the land where the Defendant is standing; swing the baseball bat; extend a fist in a threatening manner; etc). However, since the bullet stopped with the dog, the Defendant's intent was said to extend only that far, Thus, B could not also recover for intentional infliction of emotional distress, at least absent some separate proof of the Defendant's intent with respect to thge tort of IIED. www.samford.edu /schools/netlaw/Martin/torts1/intent.htm   (928 words)

Torts Capsule Summary - Chapter 1 Under the transferred intent doctrine, accepted by many courts, intent can be transferred between five torts (battery, assault, false imprisonment, trespass to chattel, and trespass to land) and different victims within these five torts. Intentional infliction of mental distress is not one of the five historic intentional torts that transfers intent between these torts and between victims. Courts have usually awarded a third-party victim recovery only if, in addition to proving the elements of the tort, she is (1) a close relative of the primary victim; (2) present at the scene of the outrageous conduct against the primary victim; and (3) the defendant knows the close relative is present. www.lexisnexis.com /lawschool/study/outlines/html/torts/torts01.htm   (1547 words)

[No title]   (Site not responding. Last check: 2007-10-11) "Intent is the purpose formed in a person's mind which may, and often must, be inferred from the facts and circumstances in a particular case." Sandoval v. The Court held that the transferred intent theory could apply if the defendant fired the fatal shot because his intent to kill the intended victim was transferred to the innocent bystander's death. The Court also held that the concert of action theory could apply if the co-participant fired the fatal shot because the co-participant's intent to kill the intended victim was transferred to the innocent bystander's death, and having acted in concert with the co-participant, the defendant was deemed to share his intent. www.courts.state.va.us /txtops/0786942.txt   (1942 words)

[No title] For purposes of establishing a prima facie case, the intent to harm a particular person or commit a particular tort is said to transfer to the person actually harmed or the tort actually committed. While the tortfeasor did not intend to harm person Y, his intent to harm person X (his original target) for purposes of establishing a prima facie case is transferred to person Y. Tort to Tort Transfer of Intent. Similar to person to person transfer of intent, except that it refers to the transfer of intent from the tort intended to the tort actually committed. www.mc.maricopa.edu /~eddwelsh/files/handouts/TortsOutline.doc   (3794 words)

Anoka County Attorney Training Update - November 2001 Transferred intent applies even where both the intended victim and the unintended victim are assaulted. The intent to damage the sign is not the same level or type of harm created by a bullet nearly striking a person in the head. If the intended crime does not require a specified intent, such as the intent to kill, intent to inflict bodily harm, intent to cause fear, or the intent to damage property, then there is no intent to transfer to the unintended crime. www.co.anoka.mn.us /departments/co_attorney/November01.htm   (847 words)

People v. Lee As applied here, the transferred intent doctrine is but another way of saying that a defendant who shoots with an intent to kill but misses and hits a bystander instead should be punished for a crime of the same seriousness as the one he tried to commit against his intended victim. Defendants' criminal liability for causing the death of the unintended victim may be determined on a theory of transferred intent in accordance with the classic formulation of the doctrine under California common law. While the evidence overwhelmingly supported an intent to kill everyone outside the Valeria apartments at the time defendants aimed their guns and shot at them, the evidence also supported a theory, although a weak one, that defendants' sole targets for murder were USC members in general, and Troy Vang in particular. www.law.com /regionals/ca/opinions/supremecourt/appeal00/f028940.html   (11247 words)

[No title]   (Site not responding. Last check: 2007-10-11) Intent, harm &/or offensive, bodily contact Subjective standard: that it would be objective to the particular plaintiff in the case and the defendant knew of the plaintiff’s susceptibility. Transfer of one tort to another Where one intended merely an assault, if bodily injury results to one other than the person whom the actor intended to put in apprehension of bodily harm, it is battery actionable by the injured person. Transfer of intent rule — if the trespasser is on land similar to land that he “could” have landed on than there is substantial certainty. www.nesl.edu /students/PDP/secure/doc/out-torts1.doc   (4386 words)

Battery Hypo Finally, even though the queen's presence was unknown to the terrorist, intent is satisfied as to her through the legal fiction known as "transferred intent," or "extended liability," whereby the defendant, having intended tortious harm to A as a result of his actions, is liable for all direct consequences, even if they are unintended. Thus, the terrorist is liable to the queen, since the injury to her is a direct consequence of his tortious act, even though is intent might only have been to injure the king and/or the coachman. If he threw the bomb in the coach, thinking nobody would be in there but the queen was in there and she died, there would be no transferred intent b/c he wouldn't have intended to make an offensive or harmful contact with anyone (but he would likely be liable in negligence). www.lawschooldiscussion.org /students/index.php?topic=5702.msg45685   (490 words)

[No title] transferred intent must be for the same crime, can't intend to destroy someone's property and be charged with arson through transferred intent. It is not necessary that the intended to kill the victim, intent is not needed as long as the felony being perpetrated is inherently or potentially dangerous to human life. Intent to commit a felony need not be formed before a murder is committed to get felony murder. members.tripod.com /~code60/CrimLawOutline.htm   (4140 words)

Transferred intent - Wikipedia, the free encyclopedia Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine. It was argued that the fetus was part of the mother so that any intention to cause grievous bodily harm (GBH) to the mother was also an intent aimed at the fetus. Generally, any intent to cause any one of these five torts which results in the completion of any of the five tortious acts will be considered an intentional act, even if the actual target of the tort is one other than the intended target of the original tort. en.wikipedia.org /wiki/Transferred_intent   (715 words)

[No title] Analysis: The court reasons that according to the aggravated battery statute, it must be proven that either it was the defendant’s goal to achieve a particular harm or that the defendant was “practically certain” that the harm would follow from his conduct. This is a “specific intent” crime which requires knowledge of the attendant circumstance that the property is stolen. This is a “specific intent” crime which requires the intent to commit a future act: the “intent to commit a felony”. lawschool.mikeshecket.com /criminallaw/peoplevconley.html   (957 words)

U.S. v. Townley, Slip Copy A couple made transfers of property to a trust at a time that they had no current creditors, for the stated purpose of protecting their assets against the claims of future unknown creditors. If you make a transfer that is meant to defeat the rights of one creditor, that may be sufficient for a completely different creditor who comes along later to say that the planning was done with actual intent to defraud it too. If you do planning with the intent to defeat the rights of any future creditors who may later appear, regardless of who they are, then that intent will be applied to set aside the transfer as to any particular creditor who does in fact appear later. www.assetprotectionbook.com /WA_Townley_Slip_Copy2006.htm   (3452 words)

Transferred Intent-Civil , Legal Information, Attorney Finder Transferred intent applies to five intentional injury causes of action: assault, battery, false imprisonment, trespass to land and trespass to chattel. Transferred intent permits the intent requirement of one of the five intentional causes of action to satisfy the intent requirement of the other. Thus, the proving of intent for an injury caused unintenionally is bypassed because the intent to cause one results in liability should one of the other five occur. www.legalmatch.com /law-library/article/transferred-intent-civil.html   (347 words)

[No title] Intent to act is distinguished from intent to cause the consequences: a. Intent to do the act/touch or intent to raise the apprehension of unpermited touching [transferred intent] c. Intent to be on the property or to do the act resulting in some object being on the property.[no need to intend invasion itself] c. www.law.nyu.edu /studentorgs/sba/outlines/firstyear/torts/fox_f95.doc   (12440 words)

I D acts with premeditation if he acts with the intention or the knowledge that he will kill another human being when such intention or knowledge precedes the killing only by a length of time long enough for D to reflect and make a choice to kill. Intent to do bodily harm or knowledge that Δs act may result in death or grievous bodily harm is NOT enough. Held, the intent of a supplier who knows of the criminal use to which his supplies are put to participate in criminal activity connected w/ the use of his supplies may be established by: www.pitt.edu /~sorc/lawwomen/outlines/criminalw.htm   (4247 words)

[No title] On appeal, he argues (1) that the trial court erred by granting the Commonwealth's instruction on transferred intent and (2) that the trial court erred by denying his motions to strike the Commonwealth's evidence and set aside the jury's verdict because of insufficient evidence. We hold that the court's instruction on transferred intent was not erroneously given with respect to the unlawful wounding of Minott and that the evidence was sufficient to sustain the verdict. Under the doctrine of transferred intent, "if an accused attempts to injure one person and an unintended victim is injured because of the act, the accused's intent to injure the intended victim is transferred to the injury of the unintended victim, even though this wounding was accidental or unintentional." Crawley v. www.courts.state.va.us /opinion/0363991.doc   (1693 words)

[No title] The defendant cannot argue that there was no intent to break the window because had he known that it was the wrong window he would not have done it. The intent to seek revenge is irrelevant, although it may be an aggravating factor.\par }{\plain \par }{\plain One might come across the word malice in a statute or in case law. The common example is when someone shoots a gun intending to hit person A, but instead hits person B. There is no intent to hit person B. Courts are willing in some circumstances to create a \'93legal fiction\'94 and transfer the intent to hit A to B. This allows B to raise the intentional tort. www.case.edu /orgs/undergradmocktrial/notebook/section_21.doc   (1730 words)

[No title] Defendant has the necessary intent for battery if it is the case either that: (1) Defendant intended t o cause a harmful or offensive bodily contact; or (2) Defendant intended to cause an imminent apprehension on plaintiff\rquote s part of a harmful or offensive bodily contact. Test: Again, intent is measured by the }{\b\fs24\cf9 \'93desire or belief in substantial certainty\'94 test.}{\fs24 \par \tab \tab \tab (ii). Special Knowledge}{\fs24 : Inference of intent: such intent or recklessness may be inferred where the defendant know that the plaintif f is particularly sensitive or susceptible to emotional distress, but acts in disregard of the probability that such harm is likely to occur. www.msu.edu /~sbalaw/torts-1.doc   (9074 words)

Converted file bed Sufficient evidence was presented to establish the element of intent for the defendant's convictions of murder and robbery. The jury was instructed, "[t]he intent to kill can be found from the acts, declarations, and conduct of the Defendant at or just immediately before the commission of the offense and/or from the nature of the weapon used." Record at 158. In addition, the defendant contends that the giving of the challenged transferred intent instruction essentially alleged that the defendant had attempted to murder Davis, and that the trial court was thus required to instruct the jury on the specific intent for the www.in.gov /judiciary/opinions/previous/archive/03190201.bed.html   (3149 words)

Cherry v. State (Glaze, J.) Torts -- transferred intent -- doctrine generally not applied in cases of misrepresentation -- exception. As with constructive fraud, we have no evidence that the doctrine of transferred intent was presented by Mr. The element of the tort of deceit supplied by the doctrine is that of intent to deceive rather than that of reliance which the Trial Court found to be missing in this case. courts.state.ar.us /opinions/1996/95-215.html   (699 words)

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