I have indicted a fellow for murder under the intending to cause sbi and doing an act clearly dangerous to human life statute for killing two other fellows. He only intended to commit sbi against one of them, but in the process of stabbing him, he cut the other and he bled to death. The only cases I find say the intended victim of the sbi is the dead victim. The statute says "an individual". Any thoughts on whether or not I have a problem? I have a motion to quash indictment set for hearing next Thursday, so any help would be appreciated.

Sounds like transferred intent.

Thanks JB. I had looked at transferred intent and was concerned about it since the intended victim died too. I think I was reading too much into the cases since they dealt with capital murder for killing more than one person, etc. I didn't indict it as capital so transferred intent may apply.

I think transferred intent clearly applies. It's no different than shooting the intended victim and the bullet passes through his body and also kills the guy standing behind him.