ND Bar Practice Questions - North Dakota Bar Examination Exam

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A defendant, intending to kill A, fires a shot that misses A but kills B, a bystander. Under the doctrine of transferred intent, the defendant is:

Guilty of the murder of B, because the intent to kill A transfers to the actual victim Guilty only of attempted murder of A, with no liability for B's death Not guilty of any homicide because he never intended to kill B Guilty only of involuntary manslaughter as to B

Correct Answer:

Guilty of the murder of B, because the intent to kill A transfers to the actual victim

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