State v. Cannon
658 So. 2d 728, 1995 WL 366788 (1995)
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Rule of Law:
Under the doctrine of transferred intent, the specific intent to kill or inflict great bodily harm upon one person may be transferred to an unintended victim who is killed as a result of the defendant's actions, thereby satisfying the intent element for second-degree murder.
Facts:
- Howard Greg Cannon and Ann Larson were in a volatile romantic relationship that ended prior to the events of the case.
- On September 24-25, 1992, after a day of heavy drinking, Cannon became angry after calling Ann Larson and hearing another man, Larry McAdams, in the background of her home.
- Cannon stole a powerful .308 caliber rifle from a friend's house and drove to Ann Larson's residence.
- Upon arriving, Cannon saw Ann Larson and McAdams embracing through a window.
- Cannon forced McAdams back into the house at gunpoint to gain entry.
- Inside, Cannon physically assaulted Ann Larson with the rifle, causing her to flee toward the kitchen where her brother, Roger Larson, was present.
- As Ann Larson ran, Cannon stopped, raised the rifle to his shoulder, and fired a single shot in her direction.
- The bullet missed Ann Larson but struck and killed her brother, Roger Larson.
Procedural Posture:
- The State of Louisiana charged Howard Greg Cannon with second-degree murder in a state trial court.
- Prior to trial, the defendant's motion for a continuance to consult an expert witness was denied by the trial court.
- A unanimous jury convicted Cannon of second-degree murder.
- The trial court imposed the mandatory sentence of life in prison without benefit of parole.
- Cannon, as appellant, appealed his conviction to the Court of Appeal of Louisiana, Second Circuit, arguing the evidence was insufficient and the trial court erred in denying the continuance.
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Issue:
Is the evidence, when viewed in the light most favorable to the prosecution, sufficient to establish that the defendant possessed the specific intent to kill or inflict great bodily harm, thereby supporting a conviction for second-degree murder under a theory of transferred intent?
Opinions:
Majority - Marvin, Chief Judge
Yes. The evidence is sufficient to support the conviction for second-degree murder because a rational jury could find that the defendant had the specific intent to kill or inflict great bodily harm on Ann Larson, which transferred to the unintended victim, Roger Larson. The court reasoned that under the Jackson v. Virginia standard, an appellate court must view the evidence in the light most favorable to the prosecution. The jury was entitled to infer Cannon's specific intent from his actions: his angry phone call, taking a high-powered rifle, forcing his way into the home, assaulting Ann Larson, and raising the rifle to fire in her direction as she fled. The jury could reasonably reject Cannon's claims of intoxication-induced blackouts or that the rifle discharged accidentally during a struggle. Therefore, his intent to harm his intended victim (Ann Larson) legally transferred to the actual victim (Roger Larson), satisfying the intent element for second-degree murder.
Analysis:
This case serves as a clear application of the transferred intent doctrine in a homicide prosecution. It reinforces the principle that a defendant's specific intent can be inferred from circumstantial evidence and actions, and that juries are given wide deference in making credibility determinations. The decision underscores that even if the defendant claims intoxication or accident, a jury can find the requisite intent based on a sequence of purposeful and violent acts. This solidifies the legal framework where a defendant cannot escape a murder conviction simply because their aim was poor and an unintended person was killed.
