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Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.
Keeler v. Superior Court, Supreme Court of California, 2 Cal. 3d 619 (1970), is a criminal case in which a man who deliberately killed a viable fetus in a woman, was determined not to be guilty of murder because the murder statute was written in 1850 when "human being" meant a person born alive, so there was no fair warning (), there being no common law crimes in California whereby statutory ...
Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case. In many kinds of cases, malice must be found to exist in order to convict. (For example, malice is an element of the crime of arson in many jurisdictions.) In civil law cases, a finding of malice allows for the award of ...
The law on the crime of murder in the U.S. state of California is defined by sections 187 through 191 of the California Penal Code. [1] The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate near the median for the entire country. [2]
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
Murder, as defined in common law countries, is the unlawful killing of another human being with intent (or malice aforethought), and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). As the loss of a human being inflicts an enormous amount of grief for individuals close to the victim ...
Grimshaw v. Ford Motor Company (119 Cal.App.3d 757, 174 Cal.Rptr. 348) was a personal injury tort case decided in Orange County, California in February 1978 and affirmed by a California appellate court in May 1981.
The defendant still might be convicted of second-degree murder which only requires that the defendant act with general malice. [4] The defense's acceptance in American jurisdictions varies considerably. The majority of states have adopted it by statute or case decision, and a minority even recognise broader defenses such as "irresistible ...