State v. Fennell
South Carolina Supreme Court
531 S.E.2d 512 (2000)
- Written by Angela Patrick, JD
Facts
John Fennell (defendant) oversaw a candy-box program for a local community-service club. William Thrailkill, a business owner and a fellow club member, got into a dispute with Fennell regarding an empty candy box at a store. Two weeks later, Fennell approached Thrailkill to discuss the dispute. Thrailkill made a remark that angered Fennell. Fennell left the premises, retrieved a handgun from his car, returned to the meeting, and shot Thrailkill five times. A stray bullet struck Elihue Armstrong in the arm and chest. Thrailkill died from his injuries. Armstrong survived. Fennell was charged with (1) murder for killing Thrailkill and (2) assault and battery with intent to kill for shooting Armstrong. Fennell moved for a directed verdict on the second charge, arguing that he lacked the necessary intent to harm Armstrong. Fennell claimed that the doctrine of transferred intent did not apply because (1) he had successfully killed Thrailkill, which meant no intent was left to transfer to Armstrong, and (2) Fennell had intended to kill Thrailkill and Armstrong was only harmed, not killed. The trial court denied Fennell’s motion. The jury convicted Fennell on both charges. Fennell appealed.
Rule of Law
Issue
Holding and Reasoning (Waller, J.)
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