The law may,
therefore, throw on the actor the peril, not only of the
consequences foreseen by him, but also of consequences which,
although not predicted by common experience, the legislator
apprehends. I do not, however, mean to argue that the rules under
discussion arose on the above reasoning, any more than that they
are right, or would be generally applied in this country.
Returning to the main line of thought it will be instructive to
consider the relation of manslaughter to murder. One great
difference between the two will be found to lie in the degree of
danger attaching to the act in the given state of facts. If a man
strikes another with a small stick which is not likely to kill,
and which he has no reason to suppose will do more than slight
bodily harm, but which [60] does kill the other, he commits
manslaughter, not murder. /1/ But if the blow is struck as hard
as possible with an iron bar an inch thick, it is murder. /2/ So
if, at the time of striking with a switch, the party knows an
additional fact, by reason of which he foresees that death will
be the consequence of a slight blow, as, for instance, that the
other has heart disease, the offence is equally murder. /3/ To
explode a barrel of gunpowder in a crowded street, and kill
people, is murder, although the actor hopes that no such harm
will be done.
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