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Originally Posted by christiangirl
I still disagree with that logic. It just isn't sensible to me but since I'm neither a criminal nor an OK resident, my support isn't important.  |
Well, as far as I know, you could see the same result in any state.
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So what if he hadn't died -- would the accomplice have gotten lesser charges (assault witha dealt weapon or something similar)? If they had both been shot and injured, would they both have been charged because each was responsible for the other's injury? Serious question, I'm unfamiliar with this law so Idk how far it goes.
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As noted up-thread, he was charged with murder under the felony murder rule. So, while a general theory of transferred intent lies behind it, it only applies when someone is killed. And like I said earlier, in most states (as far as I know), only some felonies can serve to support the felony murder rule. It basically means that if you commit a felony (many states will specify which felonies), you can be charged with first degree murder if someone is killed during the commission of the felony. The usual rule for first degree murder -- that the person charged formed the specific intent to kill -- is suspended, and the intent to commit the underlying felony also serves as the necessary intent for purposes of first degree murder.