There is another aspect of criminal intent which properly comes under observation in this connection; that is, where a person intending to commit a certain criminal offense, by mistake commits another and different offense than the one intended, the law holds him criminally responsible. In this state of the case the intent is transferred from the act intended to the act committed. Thus where one shoots at another intending to kill and murder him, but misses his mark and kills a third person, such killing is murder.36

And of course the same principle applies if the slayer unlawfully kills one person mistaking him for another.