The State, Respondent v. John Bennett Fennell, Appellant

Summary

The South Carolina Supreme Court affirmed the appellant’s conviction for assault and battery with intent to kill, holding that the doctrine of transferred intent applies when a defendant kills his intended victim and injures an unintended victim. The Court reasoned that the defendant’s malicious intent is not exhausted by the death of the intended victim and may be transferred to the unintended victim for purposes of the ABIK charge.