State Missouri v. Donna F. Williams

Gerald M. Smith, Judge Defendant appeals from conviction by a jury of second degree murder and resultant sentence of twenty
years imprisonment. We reverse and remand. Defendant was charged and convicted of killing Joel Robinson with her automobile. The substituted information alleged first
degree murder in that with deliberation defendant "knowingly attempted to cause the death of Louis Teague and in the course
thereof actually caused the death of Joel Robinson by striking Joel Robinson with an automobile." The state does not dispute
the applicability of, and the case was tried on, the theory of transferred intent. Under that concept although defendant did
not kill the person she intended, her mental state for killing her intended victim is transferred to the ultim e victim and
defenses she had to killing the intended victim transfer to the killing of the actual victim. State v. Stallings, 33 S.W.2d
914 (Mo. 1930) [2-4].