Murderous acts, or at the very least, assaults designed to cause significant harm, are nonetheless applicable to the death of a person, who at the time of the offence, was suffering from grave illness or an otherwise delicate constitution, as was found in this case.
Upon indictment before a Knox County grand jury in 1904, the appellant was charged with murder and sentenced to fifteen years imprisonment, whereupon he argued the the judgment was unlawful in that the jury had failed to prove beyond a reasonable doubt that his actions were directly attributable to the victim’s death at a time following the act.
By way of background, the appellant had chosen to leave his position as a labourer, whereupon his employer had pursued him out of anger, before verbally abusing the appellant in public before the two men settled their differences and went their separate ways.
Having met again in a convenience store, the now deceased employer again used profane and abusive language toward the appellant, whereupon the appellant stole a hand gun from the store clerk’s keeping and went after the deceased, later to shoot and wound him on public highway.
Two months after the shooting the employer died not from the shooting itself, but as a result of an existing diagnosis of consumption (tuberculosis), a common disease at the time, however the jury found that the appellant deliberately and purposefully assassinated the employer, and that his actions exacerbated the illness and thereby accelerated his otherwise eventual death.
At the point of appeal, the Kentucky Court of Appeals first referred to p.129 of the Hand-Book of Criminal Law, in which W.M. L. Clark Jr. wrote:
“The fact that the person killed was diseased and in ill health, or wounded by another, and was likely or sure to die when the blow was given, or that after the blow was given he neglected or refused to take proper care of himself, or submit to an operation by which he could have been cured, is no defense.”
Before further noting that on p.428 of A History of the Pleas of the Crown (Vol. I), Sir Matthew Hale stated that:
“If a man be sick of some such disease which possibly, by course of nature, would end his life in half a year, and another gives him a wound or hurt which hastens his end by irritating and provoking the disease to operate more violently or speedily, this hastening of his death sooner than it would have been is homicide or murder….”
And so despite claims of remoteness as to the actual cause of death, the court dismissed the appeal and upheld the previous judgment in full, while holding that:
“If one unlawfully wounds another, and thereby hastens or accelerates his death by reason of some disease with which he is afflicted, the wrongdoer is guilty of the crime thereby resulting.”