in both criminal and tort (civil wrong) law, when an intent to cause harm to one
person results in harm to another person instead of the intended target, the law
transfers the intent to the actual harm. Examples a) with malice aforethought Nate
Nogood intends to shoot his girlfriend and misses her, and the bullet hits a passerby,
killing him. Nogood may be charged with first degree murder since the intent to
commit murder is transferred to the actual crime. b) Steve Swinger takes a punch
at Harvey Hasgood, his hated enemy, misses Hasgood and hits Hasgood's date, Teri
Truehart, in the nose, breaking it. Truehart can not only sue Swinger for damages
due to the assault but can claim punitive damages because the malice against Hasgood
attaches to the hit upon Truehart.
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