HARVEY v. STATE

No. 1763, Sept. Term, 1995.

681 A.2d 628 (1996)

111 Md. App. 401

Latrice Michelle HARVEY v. STATE of Maryland.

Court of Special Appeals of Maryland.

August 30, 1996.


Attorney(s) appearing for the Case

Michael R. Malloy, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for Appellant.

Mary Ann Ince, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Jack B. Johnson, State's Atty. for Prince George's County of Upper Marlboro, on the brief), for Appellee.

Submitted before WILNER, C.J., and MOYLAN and SALMON, JJ.


MOYLAN, Judge.

The subject of this appeal is the doctrine of transferred intent. The particular question is whether that doctrine, indisputably applicable when an unintended victim is killed and the crime charged is a consummated homicide, is similarly applicable when the unintended victim is not killed (either hit but only wounded or not even hit but only endangered) and the arguable crime, even with the benefit of the doctrine, would only be an inchoate criminal...

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