Mayes v. People

Citations

• 106 Ill. 306
• 1883 Ill. LEXIS 170

Syllabus

<p>1. Indictment fob mubdee—whether sufficient. A count in an indictment for murder alleged that the defendant, with a glass which he in his right hand held, in and upon M. feloniously did make an assault, and with such glass to and against M. did cast and throw and strike, and with such glass defendant a certain lamp, with oil and wick therein, which M. held in her hand, then and there lighted and burning, did break and destroy, and by means of such breaking of the lamp so held by M., and being so lighted and burning, the oil of said lamp was spread and poured upon the said M., and by reason thereof the clothing and garments of the said M. were fired and burned on her person, and by reason of such burning the body, face, neck, head and limbs of said M. were greatly burned, and thereby she received five mortal burns upon the neck, face, body, head and limbs, by reason of the said casting, throwing and striking with the said glass by the defendant, and the breaking of said lamp so containing oil, and being lighted, as aforesaid, from which mortal burns said M. did die: Held, that the count was substantially good, and there was no error in refusing to quash the same. It was not essential to aver specifically “that the oil was fired by the flame of the wick of the lamp, then filled with oil and burning, and held by the deceased in her hand,” in order to show the cause of death. The words “by reason thereof, ” as used by the pleader, refer as well to the preceding words “lighted and burning,” as to the words “spread and poured upon the said Kate Mayes. ”</p> <p>2. Mubdeb—of the intent—what necessary to constitute the crime. Where an act, unlawful in itself, is done with deliberation, and with intention of mischief or great bodily harm to some particular person, or of mischief indiscriminately, fall where it may, and death ensues from such act, against or beside the original intention of the party, it will be murder.</p> <p>3. So in this case, where the defendant, in an