CRM/LAW C144 Chapter Notes - Chapter MAIN, CONTUA-RAMIREZ, and SHABAZZ: Transferred Intent, Misdemeanor, Anticoagulant
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Defendant argued that the first officer"s failure to move the victim or summon assistance more promptly was an intervening cause. Trial judge refused to instruct the jury that it could find that the defendant"s actions were not the proximate cause of death. It will be said that a failure to get prompt medical attention is not an unlikely hazard for the victim of an automobile accident. The defendant, attempting to strike his wife, accidentally hit their baby, whom she was holding in her arms. Convicted of intentionally injuring the child: intentional assault upon an adult was a class 1 misdemeanor, but intentional injury of a child was a class 4 felony. The court held that the defendant was properly convicted of the more serious offense. Underlying facts, the actual crime that took place. The defendant allegedly stabbed the victim in the abdomen, lung, and liver. The appellate court held that the defense testimony was properly excluded: