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Facts: Mayes was somewhat drunk, and started cursing at his wife when she failed to respond when he asked
her for arsenic. He said he would either kill her or she should kill him. He then threw a beer glass at his wife,
and broke a lighted oil lamp she was holding. The burning oil was scattered all over her, but he made no effort
to help her extinguish the flames. She died a few days later from the wounds caused by the burning. Mayes
argues that he only intended to throw the glass out the door, but it accidently hit her, so he didn’t intend to
actually hit her. Witnesses said he "threw the beer glass at her with vengeance." The jury instruction said, "that
intention to commit the crime is essential, and the people must show beyond a reasonable doubt, that Δ threw
the glass wit the intention to do her bodily injury, […] unless all circumstances of the killing show an
abandoned and malignant heart on the part of the Δ." Mayes was convicted of murder, sentenced to life
imprisonment.
Holding: Affirmed. (this is CL) Malice is an indispensable element to the crime of murder. Malice shall be
implied when no considerable provocation appears, or when all circumstances of the killing show an abandoned
and malignant heart. It is immaterial whether Mayes intended to strike his wife, or other persons there, or
whether he had any specific intent, but acted solely from general malicious recklessness, disregarding any and
all consequences. Whatever the intent, he must have know the high probability that he would injure her, and still
did it, thereby acting in recklessness. Even if he intended another result, he is still responsible for the actual
result.
Class Notes