Dunaway v. People

Citations

• 110 Ill. 333
• 1884 Ill. LEXIS 1363

Syllabus

<p>1. Criminal law—assault to murder a person other than the one intended, or without intent as to any particular one—recklessness—general malice. Where a person deliberately shoots at A, and in the direction of B, and the ball misses A and strikes B, inflicting a wound, these facts will sufficiently show the intention of the person shooting to kill and murder B, although he has no actual malice or ill-feeling toward B, and he may be convicted, of an assault upon B with intent to kill and murder him.</p> <p>2. Where an act, unlawful in itself, is done with deliberation and with-the intention of killing or inflicting serious bodily harm, though the intention be not directed to any particular person, and death ensue, it will be murder at common law. Thus, if a party fires a gun-shot into a crowd of persons with intent to murder some one, or when it is done with criminal recklessness, the killing will be murder, although no intention existed to kill any particular person. ,/</p> <p>3. Where one, without provocation, discharged his pistol directly at a group of persons, it matters not what person he intended to kill; or if, under such circumstances, he shoots a person other than the one intended, the act, from its recklessness and want of provocation, will be referred to no other cause than malice. Such reckless acts imply general malice.</p>