Washington and Lee Law Review Volume 16 | Issue 2 Article 2 Fall 9-1-1959 Felony Murder, Transferred Intent, And The Palsgraf Doctrine In The rC iminal Law Wilfred J. Ritz Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Criminal Law Commons Recommended Citation Wilfred J. Ritz, Felony Murder, Transferred Intent, And The Palsgraf Doctrine In The Criminal Law, 16 Wash. & Lee L. Rev. 169 (1959), https://scholarlycommons.law.wlu.edu/wlulr/vol16/iss2/2 This Article is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact
[email protected]. 1959] PALSGRAF AND CRIMES FELONY MURDER, TRANSFERRED INTENT, AND THE PALSGRAF DOCTRINE IN THE CRIMINAL LAW WILFRED J. RITz* Transferred intent is a doctrine common to both tort and criminal law, but it is a fiction-tolerated without enthusiasm.' In torts the doctrine has lost favor, being replaced by the rule expressed by Car- dozo, C. J., in the well-known case of Palsgraf v. Long Island R.R.2 In criminal law, even though "there is some difficulty in rationalizing"3 transferred intent, the doctrine is still accepted as the basis for im- posing criminal liability on a defendant whose victim is a different person from the one he intended should suffer from his criminal act. In criminal law the doctrine of transferred intent had a com- mon origin with the felony murder rule, but in the course of time, two separate, and supposedly distinct, rules developed.