FORD V. STATE 625 A.2d 984 (1993) CASE BRIEF

FORD V. STATE
625 A.2d 984 (1993)
NATURE OF THE CASE: This as an appeal from multiple convictions for malicious destruction of property, assault battery, and assault with intent to maim.
FACTS: Ds thought it would be really neat to hurl large landscaping rocks at vehicles traveling on the Beltway. A number of people were injured and significant damage was done to may vehicles. D was apprehended and charged with a laundry list of crimes. D was found guilty of a laundry list of crimes and given sentences totally 39 years. D appealed and the Court of Special Appeals reversed and remanded for resentencing two of the malicious destruction of property counts worth less than $300 but otherwise affirmed all the other convictions. The trial court instructed the jury on the theory of transferred intent; the state of mind which one has when about to commit a crime upon one persons is considered by law to exist and to be equally applicable although the intended act affects another person. The judge instructed the jury that if D acted with intent to disable drivers; that intent could be transferred to the passengers. The appeals court addressed this issue of transferred intent and held that it did not apply. This appeal was taken.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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