transferred intent

transferred intent
The principle whereunder one acting with a wrongful intent is held criminally responsible for an ensuing wrong which was not intended by him. State v Griego, 61 NM 42, 294 P2d 282. The doctrine that where one intends to assault a certain person, and by mistake or inadvertance assaults another in his stead, the act is nevertheless a crime, the intent being transferred from the party intended to the person actually assaulted. People v Rothrock, 21 Cal App 2d 116, 68 P2d 364.

Ballentine's law dictionary. . 1998.

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  • Transferred intent — (or transferred malice in English law) is a doctrine used in both criminal law and tort law when the intention to harm one individual inadvertently causes a second person to be hurt instead. Under the law, the individual causing the harm will be… …   Wikipedia

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