Cyclopedia of Law volume 11

Cover Cyclopedia of Law volume 11
Cyclopedia of Law volume 11
Charles E Charles Erehart Chadman
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& P. 103; Hargrave's Case, 5 Car. & P. 170.
The case of Com. V. Fox, 7 Gray, 585, is one resembling the present in several respects, in which the offense was held to be manslaughter.
The jury were sufficiently and rightly charged upon the ex- tent of the respondent's liability for any intended killing. And if respondent willfully and violently kicked the deceased in such a way as he must have kno\vTi would endanger her life, and her life was destroyed in that way, an actual intention of killing
... would not be necessary, as in such case the death would have been a result he might fairly be held to regard as likely. But it was certainly open to him to claim that, whatever may have been the cause of death, he did nothing which was designed to produce any serious or fatal mischief, and that the injury from which the deceased came to her death was not intentionally aimed at a. Vital spot, or one where the consequences would be probably or manifestly dangerous. We have no right to say that there was no room for a verdict of manslaughter, and the effect of the charge was to deny this.

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