Common Law Murder Terms
Intent to Kill: The deliberate desire or conscious objective to cause the death
of another person. Under common law, this is one of the mental states that
constitutes malice aforethought, required for murder.
Deadly Weapons Doctrine: A legal inference that arises when a person
intentionally uses a deadly weapon (e.g., a knife) aimed at a vital part of the
body. The law presumes an intent to kill or do serious bodily harm from the
use of such a weapon.
Transferred Intent: When a defendant intends to harm one person but
inadvertently harms another, the intent is "transferred" to the actual victim.
The defendant is still held criminally liable as if the intended target was
harmed.
Intent to do Serious Bodily Harm: Malice may be found if a person intends to
cause serious or grievous bodily injury, and death results. Even if death was
not the primary objective, such intent suffices for murder at common law.
Felony Murder: A killing that occurs during the commission or attempted
commission of a dangerous felony (e.g., robbery) is considered murder,
regardless of intent. The doctrine holds all participants liable for deaths that
occur during the felony.
Criminal Liability Analysis
Stella’s Liability
Bertha’s Death: Stella intended to kill Bertha out of jealousy, evidenced by
her premeditated act of bringing a knife and waiting for her. Her conduct
clearly demonstrates intent to kill, and the use of the knife against a vital
area (chest or torso, implied by the fatal result) triggers the Deadly Weapons
Doctrine. This is classic first-degree murder under common law due to
premeditation and malice aforethought.
Bob’s Death: Although Stella did not explicitly say she planned to kill Bob,
she admitted she wanted to "hurt him" and slashed him with a knife,
severing his femoral artery. This reflects intent to do serious bodily harm,
and because death resulted, she is liable for murder. Additionally, her use of
the knife could also again trigger the Deadly Weapons Doctrine.
Al’s Death: Stella did not intend to kill Al. However, Al was killed as a result
of her intentional actions during her attack on Bob. This may fall under
Transferred Intent or Felony Murder, depending on whether her claim of
intending to rob the store holds weight. If her intent to rob Al’s market was
genuine and contemporaneous with the killing, then Al’s death may be
classified under Felony Murder, as it occurred during the commission of a
felony.
Tina’s Liability
Accessory or Accomplice to Murder: Tina was present in the car and knew
Stella had a knife. Stella told Tina she intended to rob Al’s after employees
left. Tina agreed to keep the car running for a quick getaway, suggesting
knowledge and possible complicity in the planned robbery.
If Tina believed she was helping Stella rob the store, she could be liable
under the Felony Murder Rule for all three deaths, because they occurred
during the commission of a felony (robbery), and she was an accomplice.
If Tina had no knowledge of the true nature of Stella’s intent (murder), and if
the robbery was a ruse or not seriously intended, Tina may not be held liable
for intent-based crimes like murder. But she may still face accessory or
attempted robbery charges depending on the strength of the evidence and
jurisdiction.
Conclusion
Stella is criminally liable for three counts of murder under various common
law doctrines:
Intent to Kill (Bertha)
Intent to do Serious Bodily Harm (Bob)
Transferred Intent or Felony Murder (Al)
Tina may be criminally liable under the Felony Murder Rule if the robbery
was real and she was complicit, making her responsible for all resulting
deaths. However, if she lacked the mens rea or was deceived by Stella, her
liability could be significantly reduced or negated.
