Roger Dale Craig v. State of Mississippi, 201 So. 3d 1108

On June 27, 2013, Roger Dale Craig fired one shot inside a combined service station/restaurant in Marks, MS; the shot killed David “Dusty” Smith III and the bullet landed near patron Andrew Corey Autman, who was unharmed.
Craig had a history of conflict with Smith; during the encounter Craig warned Smith he had a gun and then fired as Smith approached.
Craig was charged with murder (resulting conviction reduced to manslaughter with a firearm enhancement), attempted aggravated assault of Autman, and carrying a concealed weapon; the State relied on transferred intent to support the attempted-aggravated-assault charge against the unharmed bystander.
At trial Autman testified he heard the bullet pass and dove; he did not suffer any injury and there was no evidence Craig knew Autman was present or intended to harm him.
The jury convicted Craig of manslaughter (with enhancement), attempted aggravated assault (Autman), and carrying a concealed weapon; the trial court denied Craig’s JNOV motion on the attempted-aggravated-assault count.
On appeal the Court of Appeals affirmed all convictions except it reversed and rendered the attempted-aggravated-assault conviction, holding transferred intent did not apply where the intended victim was killed and the unintended victim was unharmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Craig)	Held
Whether transferred intent can supply the specific intent element for attempted aggravated assault against an unintended, unharmed bystander	Transferred intent applies where the shooter intended harm to one target and the malicious intent can be transferred to an unintended person present, supporting attempted assault on the bystander	Transferred intent does not apply because the unintended victim was not injured, Craig lacked knowledge of the bystander’s presence and had no intent to harm him; evidence insufficient for attempt	Transferred intent cannot be applied in this factual scenario; reversed and rendered on attempted-aggravated-assault conviction
Whether evidence was sufficient to sustain attempted aggravated assault conviction against an unharmed bystander	The facts (single fatal shot, proximity of bullet to Autman, eyewitness fear) support a finding of attempt under transferred intent	No unequivocal intent to cause serious bodily injury to Autman was shown; statutory attempt requires intent toward that specific harm	Evidence insufficient to prove intent to cause serious bodily injury to Autman; conviction reversed and rendered

Brooks v. State, 18 So. 3d 833 (Miss. 2009) (elements of attempt crime)
Hitt v. State, 988 So. 2d 939 (Miss. Ct. App. 2008) (describing transferred intent as for accidental striking of a person other than the intended victim)
Commonwealth v. Thompson, 739 A.2d 1023 (Pa. 1999) (Pennsylvania Supreme Court applying transferred intent to an unintended but frightened, uninjured victim)
State v. Elmi, 207 P.3d 439 (Wash. 2009) (applying transferred intent where multiple shots created fear in small children present)
State v. Abaun, 257 P.3d 1 (Wash. Ct. App. 2011) (declining to extend transferred intent where unintended, unharmed victim neither known to shooter nor placed in apprehension of harm)
Jones v. State, 6 So. 231 (Miss. 1889) (early formulation of transferred-intent doctrine)