Summary of Errington and Others’ Case
Newcastle Assizes, 1838

Criminal

Facts: The deceased while drunk, laid down on a chest and passed out.  While asleep the defendants surrounded him with straw and threw hot cinders on his belly.He was burnt to death.

Issue: Did the defendants possess the intent required for Murder or Manslaughter?

Holding: The defendants only possessed the intent necessary for Manslaughter.

Procedure: Jury trial where the jury returned a verdict of guilt for manslaughter.

Rule: Murder 1) Intent to do serious injury to deceased, not to kill, and 2) caused the death of the deceased.   Manslaughter 1) intent to cause harm, less than serious injury, and 2) caused the death of the deceased.

Reasoning: There was no evidence of express malice aforethought.