Maxim 7.1.15
If a man kill one, meaning to kill another, he is held guilty of felony.
Si quis unum percusserit, cum alium percutere vellet, in felonia tenetur.
Source: 3 Inst. 51; Jackson; Weisman, 26n
Difficulty 1/5 — Foundational
Explanation
Transferred intent applies in felony — a man who kills the wrong person through misdirected violence is as guilty as if he had struck his intended target.
Where this applies
- A shooter aimed at one person but accidentally killed a bystander.
- Someone threw a rock at their enemy but hit an innocent child instead.
Legal domains
Cite this maxim
NeCede Max. 7.1.15 — If a man kill one, meaning to kill another, he is held guilty of felony. — 3 Inst. 51; Jackson; Weisman, 26n (Si quis unum percusserit, cum alium percutere vellet, in felonia tenetur.)
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