View opinion on Lexis Advance[T]he State failed to prove that defendant formed the intent to kill the victim, an essential element of malice murder.
Criminal Law, Pages 238–239
Taylor v. State
Supreme Court of Georgia, 2007
Facts:
Defendant hit and killed the victim with his car in a parking lot. Upon pulling defendant over and searching his car, police found an envelope with the victim's name upon it containing documents from a legal dispute defendant had with the victim.
Procedural History:
Defendant was convicted of malice murder and aggravated battery.
Issue:
Did defendant have intent to kill the victim?
Defendant's Argument:
Rule:
Either express or implied intent is sufficient for malice murder. If the defendant knew that his conduct was substantially certain to cause the result, he intentionally caused the result whether or not he desired it to occur.
Reasoning:
Evidence showing that defendant brought a civil action against the victim and sought to have him arrested was sufficient to prove intent.
Holding:
Yes, defendant had implied intent to kill the victim. Affirmed.