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Odger's English Common Law

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HOMICIDE OR CAUSING DEATH. 269<br />

either by administering or applying something, or by some<br />

kind of physical contact on the part of the prisoner or some<br />

agent of his.<br />

Thus, where a man procured! the death of another] by fahely accusing<br />

him of a capital crime and giving perjured evidence to support his charge,<br />

he was held not to have caused the death. 1<br />

So, if a man sent an alarming<br />

telegram to a woman who had a weak heart, and she died from the shock,<br />

he has not caused her death. 2<br />

But where there is any direct physical impact which does<br />

cause death, the fact that such a result was highly improbable<br />

and could not reasonably have been anticipated by the actor,<br />

is in law immaterial. An impact, which in the ordinary<br />

course of things could not possibly prove fatal, may yet cause<br />

death, if the person struck be in a morbid condition ;<br />

and the<br />

person striking the blow will be guilty of homicide,'although<br />

he was not aware of the condition of health of the deceased.<br />

Every man is liable for the natural andjj necessary conse-<br />

quences of any unlawful act done by him, although he could<br />

not have foreseen them, 3 but not for consequences which are<br />

merely accidental. 4<br />

The death must

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