Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Judge: William P. Kelly
Court: District Court, Polk County, Iowa
Plaintiff's Attorney: Polk County Iowa District Attorney's Office
Description: Des Moines, Iowa criminal defense lawyer represented Defendant charged with attempted murder.
Anthony Mong shot at and attempted to kill Ricco Martin, but he missed and inadvertently shot and injured Shane Woods. Under Iowa law, “[a] party is liable for a wrongful act, where there exists a criminal intent,” notwithstanding
that the act done “is not that which was intended.” State v. Ruhl, 8 Iowa (Clarke)447, 448 (1859). “The wrongful intent to do one act, is transposed to the other,and constitutes the same offense.” Id. The transposition of the defendant’s
criminal intent to establish criminal liability is known as the doctrine of transferred intent. Based on transferred intent, a jury found Mong guilty of the attempted murder of Woods, intimidation with a dangerous weapon with respect
to Woods, willful injury causing bodily injury with respect to Woods, and going armed with intent.
Outcome: Defendant was found guilty and appealed. The Iowa Court of Appeals reversed and the Iowa Supreme Court Affirmed.