transferred intent instruction (Massachusetts) · Go Syfert
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transferred intent instruction in Massachusetts

11 Massachusetts opinions name it 2 courts 2000–2023 1 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Commonwealth v. Taylorgreen
mass · 2012 · cited in 4 Massachusetts opinions naming this issue, 2013–2023
2 sentences

2023See Commonwealth v. Taylor, 463 Mass. 857, 863-864 (2012). 5 home when it was "shot up." In or about the late spring of 2015, the victim and the victim's friends followed and watched the codefendant and Ryder at a restaurant and, once or twice, drove slowly by her house in an SUV.

2017See Commonwealth v. Taylor, 463 Mass. 857, 863 (2012). 8 The defendant concedes that he failed to object to the transferred intent instruction at trial, and that therefore we 17 A jury instruction "is proper if it is supported by any hypothesis of the evidence." Commonwealth v. Colton, 477 Mass. 1, 11 (2017), quoting Commonwealth v. Silanskas, 433 Mass. 678, 689 (2001).

44
Commonwealth v. Sheagreen
mass · 2011 · cited in 2 Massachusetts opinions naming this issue, 2012–2016
2 sentences

2016See, e.g., Commonwealth v. Shea, 460 Mass. 163, 165-167, 173-174 (2011) (transferred intent instruction appropriate where fourteen year old girl killed instead of intended target who pulled girl in front of him during gunfire); Commonwealth v. Puleio, 394 Mass. 101, 102, 109 (1985) (transferred intent instruction appropriate where defendant fired bullet at intended target, who ducked, and bullet struck and killed bystander).

2012See, e.g., Commonwealth v. Shea, 460 Mass. 163 , 172-174 & n.7 (2011); Commonwealth v. Pitts, 403 Mass. 665 , 669 & n.6 (1989).

22
Commonwealth v. Puleiogreen
mass · 1985 · cited in 2 Massachusetts opinions naming this issue, 2001–2016
2 sentences

2016See, e.g., Commonwealth v. Shea, 460 Mass. 163, 165-167, 173-174 (2011) (transferred intent instruction appropriate where fourteen year old girl killed instead of intended target who pulled girl in front of him during gunfire); Commonwealth v. Puleio, 394 Mass. 101, 102, 109 (1985) (transferred intent instruction appropriate where defendant fired bullet at intended target, who ducked, and bullet struck and killed bystander).

2001See Commonwealth v. Drumgold, supra; Commonwealth v. Puleio, supra. In this case, the instruction given was, if anything, more favorable to the defendant.

12
Commonwealth v. Silanskasgreen
mass · 2001 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
1 sentence

2017See Commonwealth v. Taylor, 463 Mass. 857, 863 (2012). 8 The defendant concedes that he failed to object to the transferred intent instruction at trial, and that therefore we 17 A jury instruction "is proper if it is supported by any hypothesis of the evidence." Commonwealth v. Colton, 477 Mass. 1, 11 (2017), quoting Commonwealth v. Silanskas, 433 Mass. 678, 689 (2001).

11
Commonwealth v. Coltongreen
mass · 2017 · cited in 1 Massachusetts opinions naming this issue, 2017–2017
1 sentence

2017See Commonwealth v. Taylor, 463 Mass. 857, 863 (2012). 8 The defendant concedes that he failed to object to the transferred intent instruction at trial, and that therefore we 17 A jury instruction "is proper if it is supported by any hypothesis of the evidence." Commonwealth v. Colton, 477 Mass. 1, 11 (2017), quoting Commonwealth v. Silanskas, 433 Mass. 678, 689 (2001).

11
First National Bank v. Matheygreen
mass · 1941 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016See Commonwealth v. Noxon, 319 Mass. 495, 547-548 (1946), quoting First National Bank v. Mathey, 308 Mass. 108, 115 (1941) (no error in declining to give transferred intent in *792 struction where evidence did not create need for instruction). f.

11
Commonwealth v. Noxongreen
mass · 1946 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016See Commonwealth v. Noxon, 319 Mass. 495, 547-548 (1946), quoting First National Bank v. Mathey, 308 Mass. 108, 115 (1941) (no error in declining to give transferred intent in *792 struction where evidence did not create need for instruction). f.

11
Commonwealth v. Pittsgreen
mass · 1989 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
2 sentences

2012See, e.g., Commonwealth v. Shea, 460 Mass. 163 , 172-174 & n.7 (2011); Commonwealth v. Pitts, 403 Mass. 665 , 669 & n.6 (1989).

2012See Commonwealth v. Pitts, supra at 669 .

11
Commonwealth v. Drumgoldgreen
mass · 1996 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001See Commonwealth v. Drumgold, supra; Commonwealth v. Puleio, supra. In this case, the instruction given was, if anything, more favorable to the defendant.

11
Commonwealth v. Fordgreen
mass · 1997 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001In so doing, the judge, in a transitional phrase, referenced the single word “intent.” Nevertheless, because assault and battery with a dangerous weapon is a general intent crime, Commonwealth v. Ford, 424 Mass. 709, 711 (1997), we assume some carryover of the prior general intent definition.

11
Commonwealth v. Fishergreen
mass · 2001 · cited in 1 Massachusetts opinions naming this issue, 2001–2001
1 sentence

2001See Commonwealth v. Fisher, 433 Mass. 340, 345-346 (2001).

11
Commonwealth v. Santiagogreen
mass · 1997 · cited in 1 Massachusetts opinions naming this issue, 2000–2000
1 sentence

2000In these circumstances, the jury were warranted in finding that he acted with the requisite intent toward the victim’s sister, and, under the doctrine of transferred intent, see, e.g., Commonwealth v. Santiago, 425 Mass. 491, 502 (1997), S.C., 427 Mass. 298 , and 428 Mass. 39 , cert, denied, 525 U.S. 1003 (1998), that the defendant was guilty of premeditated murder. 3.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Commonwealth v. Melton green
mass · 2002
1 sentence

2018Id . at 298, 763 N.E.2d 1092 .

12018–2018
Commonwealth v. Elliot green
mass · 1999
1 sentence

2015The defendant does not challenge the adequacy of the transferred intent instruction or its application to this case, and our own review indicates that the instruction was correct. 8 The defendant relies on Commonwealth v. Elliot, 430 Mass. 498 (1999), to support his argument that in the present case, there was insufficient evidence of his intent to kill with deliberate premeditation.

12015–2015
State v. Hall green
minn · 2006
1 sentence

2012Id. at 478 .

12012–2012
Babigian v. Committee on Professional Standards green
scotus · 1998
1 sentence

2000In these circumstances, the jury were warranted in finding that he acted with the requisite intent toward the victim’s sister, and, under the doctrine of transferred intent, see, e.g., Commonwealth v. Santiago, 425 Mass. 491, 502 (1997), S.C., 427 Mass. 298 , and 428 Mass. 39 , cert, denied, 525 U.S. 1003 (1998), that the defendant was guilty of premeditated murder. 3.

12000–2000
Santiago v. Commonwealth green
mass · 1998
1 sentence

2000In these circumstances, the jury were warranted in finding that he acted with the requisite intent toward the victim’s sister, and, under the doctrine of transferred intent, see, e.g., Commonwealth v. Santiago, 425 Mass. 491, 502 (1997), S.C., 427 Mass. 298 , and 428 Mass. 39 , cert, denied, 525 U.S. 1003 (1998), that the defendant was guilty of premeditated murder. 3.

12000–2000
Santiago v. Commonwealth green
mass · 1998
1 sentence

2000In these circumstances, the jury were warranted in finding that he acted with the requisite intent toward the victim’s sister, and, under the doctrine of transferred intent, see, e.g., Commonwealth v. Santiago, 425 Mass. 491, 502 (1997), S.C., 427 Mass. 298 , and 428 Mass. 39 , cert, denied, 525 U.S. 1003 (1998), that the defendant was guilty of premeditated murder. 3.

12000–2000

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 278, § 33E (8) MA § Mass. Gen. Laws ch. 269, § 10 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 155 (1957–2026) IL 52 (1977–2026) TX 51 (1989–2025) PA 36 (1995–2026) OH 36 (1995–2026) GA 31 (1982–2026) WA 25 (1993–2026) MD 23 (1974–2019) FL 21 (1986–2026) MI 20 (1985–2026) IN 18 (1979–2020) LA 15 (1997–2026) SC 15 (1999–2025) CT 15 (1993–2023) MN 14 (1988–2026) VA 13 (1997–2025) NC 11 (1992–2025) MA 11 (2000–2023) DC 11 (1987–2022) AL 10 (1986–2023) TN 9 (1999–2019) KS 9 (1991–2016) WV 8 (1985–2020) MS 7 (2008–2024) NM 7 (1976–2020) NY 6 (1955–2019) AZ 5 (1990–2015) CO 5 (2007–2025) OR 5 (2013–2025) NE 4 (2006–2024) OK 4 (2016–2018) NJ 4 (2001–2020) KY 2 (1987–2023) ID 2 (2014–2014) NV 2 (1999–2018) MO 2 (2013–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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