What is the test for transferred intent in a murder case?
California, United States of America
The following excerpt is from People v. Duenas, B232101 (Cal. App. 2012):
The trial court gave the following instruction on transferred intent: "When one attempts to kill a certain person, but by mistake or inadvertence kills a different person, the crime, if any, so committed is the same as though the person originally intended to be killed, had been killed." (CALJIC No. 8.65.) This is a correct statement of the law. (See People v. Shabazz (2006) 38 Cal.4th 55, 62; People v. Bland (2002) 28 Cal.4th 313, 332.)
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