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GLADDEN v. STATE

No. 595, September Term, 1973.

20 Md. App. 492 (1974)

316 A.2d 319

JOHN MICHAEL GLADDEN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided March 15, 1974.

Attorney(s) appearing for the Case

Arnold M. Zerwitz and Geraldine K. Sweeney for appellant.

Alexander L. Cummings, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Milton B. Allen, State's Attorney for Baltimore City, and Sandra O'Connor, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MORTON, MOYLAN and GILBERT, JJ.

MOYLAN, J., delivered the opinion of the Court.

The doctrine of "transferred intent" has long been recognized at common law. Sir Matthew Hale, in 1 History of the Pleas of the Crown (published posthumously in 1736), said, at 466:

"To these may be added the cases abovementioned, viz. if A. by malice fore-thought strikes at B. and missing him strikes C. whereof he dies, tho he never bore any malice to C. yet it is murder, and the law transfers...

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