Penal Code
161
Murder
300. Except in the cases hereinafter excepted, culpable homicide
is murder—
(a)
if the act by which the death is caused is done with the
intention of causing death;
(b)
if it is done with the intention of causing such bodily
injury as the offender knows to be likely to cause the
death of the person to whom the harm is caused;
(c)
if it is done with the intention of causing bodily injury
to any person, and the bodily injury intended to be
inflicted is sufficient in the ordinary course of nature
to cause death; or
(d)
if the person committing the act knows that it is so
imminently dangerous that it must in all probability cause
death, or such bodily injury as is likely to cause death,
and commits such act without any excuse for incurring
the risk of causing death, or such injury as aforesaid.
ILLUSTRATIONS
(a) A shoots Z with the intention of killing him. Z dies in consequence.
A commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow
is likely to cause his death, strikes him with the intention of causing
bodily injury. Z dies in consequence of the blow. A is guilty of murder,
although the blow might not have been sufficient in the ordinary course
of nature to cause the death of a person in a sound state of health. But
if A, not knowing that Z is labouring under any disease, gives him such
a blow as would not in the ordinary course of nature kill a person in a
sound state of health, here A, although he may intend to cause bodily
injury, is not guilty of murder, if he did not intend to cause death, or
such bodily injury as in the ordinary course of nature would cause death.
(c) A intentionally gives Z a sword-cut or club-wound sufficient to
cause the death of a man in the ordinary course of nature. Z dies in
consequence. Here A is guilty of murder, although he may not have
intended to cause Z’s death.
(d) A, without any excuse, fires a loaded cannon into a crowd of
persons and kills one of them. A is guilty of murder, although he may
not have had a premeditated design to kill any particular individual.
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