Can transferred malice exist when the intended victim is the defendant?

Question

If D tries to kill himself but ends up killing V, can D be liable for murder under transferred malice, or will a charge of manslaughter suffice?

Answer 1

It would be at least a Culpable Negligence and at most a Manslaughter. It would not be Murder. For murder you would have to show that D intended to kill someone other than himself. Manslaughter is for any death resulting out of reckless activities or situations where someone is killed even if the killer had no actual intent to kill someone.

Manslaughter example:

Two drunks are in the woods shooting at cans. One drunk thinks it would be funny to throw a can into the air and try to shoot it. In doing so, he slips and the gun goes off shooting and killing his buddy. No intent to kill his buddy, but his reckless actions caused a death.

Now, something else to consider. If D and V are robbing a liquor store and V gets shot and killed by the clerk or the police, then under every states Felony Murder Rule, D will be charged with V's Murder!

Answer 2

Voluntary Manslaughter reduces a murder charges based on an imperfect defense -- usually heat of passion -- so it wouldn't apply.

Involuntary Manslaughter -- reckless homicide -- would apply.

But I also think that for 2nd degree (at common law), the intent would transfer -- because 2nd degree only requires a general intent to act coupled with a specific intent to cause death or serious bodily harm -- and that general intent would easily transfer, in effect dragging the specific intent with it.

The other argument could also be made -- that since there was no intent to harm any other person -- there was no intent to kill someone else at all -- and since there was a lack of such intent at all, it could not transfer.