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Criminal Law Keyed to Kennedy
Mayes v. Illinois
Citation:
46 Am. Rep. 698 (1883)Facts
The defendant came into the room where his wife, mother in law, and young daughter were seated around a table. He was intoxicated and declined to eat. He asked his wife for arsenic and got no reply. He started cursing and concluded by saying that he would kill his wife or she should kill him. He wanted a fire made, but his wife told him it was time for bed. He then picked up a tin quart measure and threw it at the daughter. The wife, with an oil lamp in her hand, started towards a bedroom door and directed the daughter to go to bed. The defendant picked up a beer glass and threw it at the wife. It struck the lamp in her hand and broke it, scattering burning oil over her person and igniting her clothes. The defendant did not make an effort to extinguish the flames. She did not survive.
The Court instructed the jury that they can find the defendant guilty if he acted with an abandoned and malignant heart. He was convicted of murder. He appealed, arguing that he had no malice or intention to kill her.
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