Mayes v. The People, 106 Ill 306 (1883) p484.
Subject:
unintentional homicide
Facts:
P accidentally caused his wife's death by throwing a beer mug at her while she was carrying an oil lamp. The oil lamp broke, scattered the burning oil over her person and ignited her clothes. She died 6 days later of the wounds caused by this burning.
Procedure:
P was convicted of murder and sentenced to the penitentiary for the term of his natural life.
Issue:
Was this death the result of an accident which means his sentence should be reduced?
Rule:
May an act done with an abandonded and malignant heart be murder, even if death is not intended.
Holding:
Yes. An act done with an abandonded and malignant heart may be murder, even if death is not intended.
Rationale:
Did not matter that P should strike his wife. He acted solely from general malicious recklessness disregarding any and all consequences. He manifested a reckless, murderous disposition, "a heart void of social duty, and fatally bent on mischief." He is responsible for the death. Murder requires malice, but malice does not require intent to kill. When an unlawful action is committe with deliberation in a situation such that great bodily harm is likely to result, such malice may be inferred. That he may not have intended death is of no import. He is responsible for the consequences of his acts.
Policy/Notes: