AL Bar Practice Questions - Alabama Bar Examination Exam

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A defendant fires a gun into a crowd intending to kill a specific rival but instead kills a bystander. Under the doctrine of transferred intent in criminal law tested on the MBE, what is the defendant's liability for the bystander's death?

Only involuntary manslaughter, because the bystander was not the intended victim No homicide liability, because the killing was accidental as to the bystander Attempted murder of the rival only Murder, because the intent to kill transfers from the intended victim to the actual victim

Correct Answer:

Murder, because the intent to kill transfers from the intended victim to the actual victim

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