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NeCede's

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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