State v. Mullins

76 Ohio App. 3d 633 (1992)

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State v. Mullins

Ohio Court of Appeals
76 Ohio App. 3d 633 (1992)

  • Written by Sharon Feldman, JD

Facts

A bullet struck and killed 10-year-old Jasper Moffitt. On the day Jasper was killed, Allen Mullins (defendant) was seen in possession of a pistol, said he was going to kill “the Detroit dudes,” saw a white Cadillac in the neighborhood, indicated that it contained the men from Detroit, and began firing at the Cadillac. Mullins was charged with aggravated murder with a gun and was convicted after trial of murder with a gun. Mullins appealed, arguing in part that the evidence supported the lesser included offense of involuntary manslaughter rather than murder.

Rule of Law

Issue

Holding and Reasoning (Tyack, J.)

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Casebooks

Criminal Law

Key Terms

  • Involuntary ManslaughterThe unjustifiable, inexcusable, and unintentional killing of a human without deliberation, premeditation, or malice.
  • MurderThe unlawful killing of a human being with malice aforethought.
  • Transferred-Intent DoctrineIn tort law, the principle that if an actor intends to commit an intentional tort against one person but winds up committing (1) a different intentional tort against the same person, (2) the same intentional tort against a different person, or (3) a different intentional tort against a different person, the actor's initial intent will transfer to the tort the actor actually committed or the person the actor actually harmed. In criminal law, the transferred-intent doctrine imposes criminal liability on a defendant who intends to harm one person but actually harms an unintended victim. Unlike in tort law, a criminal defendant's intent transfers only to alternative victims of the intended crime.

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