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State v. Fennell | 531 S.E.2d 512 (2000)
We’re pretty familiar with the classic case of transferred intent, in which someone tries to kill one person and mistakenly kills another. But what if the intended person is killed? Can intent still be transferred to unintended victims? The two thousand South Carolina case of State versus Fennell examines the reach of the doctrine of transferred intent.
John Fennell and William Thrailkill were both members of a community-service club. Fennell managed the club’s candy-box program. Thrailkill was also involved with the program. Sometime in the fall of nineteen ninety-six, the two had an argument about an empty candy box. The argument upset Fennell.
Two weeks later, both men were at a club meeting held at a restaurant. Fennell approached Thrailkill to discuss the matter again. Thrailkill refused and made a disparaging remark that angered Fennell. Fennell then left and retrieved his gun from his car. He returned to the restaurant declaring that he was going to kill Thrailkill.
He proceeded to shoot Thrailkill five times, emptying his gun. One of the bullets struck bystander Elihue Armstrong in the arm and chest. Armstrong survived. Thrailkill died two months later at the hospital.
In trial court, Fennell was charged with the murder of Thrailkill and assault and battery with intent to kill for Armstrong. The jury convicted him on both charges, and Fennell appealed to the South Carolina Supreme Court, claiming he had no intent to kill Armstrong and that the doctrine of transferred intent didn’t apply.
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