Court: |
Supreme Court of Illinois |
|
Facts: |
Domestic strife leads to throwing of beer glass at wife carrying
oil lamp. She is killed by the ensuing fire. |
|
Posture: |
Appealed after conviction for murder. |
|
Issue: |
Do the facts constitute murder? |
|
Holding: |
Yes. Affirmed. |
|
Rule: |
It doesn't matter whether the defendant intnded to strike his wife
with the beer glass: he was engaging in conduct that was obviously
likely to cause this sort of result, so he is responsible for the
consequences. |
|
Reasoning: |
Note that malice is implied here. Transferred intent. If the act
is a dangerous act, the defendant accepts the risk of danger. |
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Dicta: |
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