Note 84 — Chapter IV · ⁠[38] Of Professional Duties in certain Cases which require a Knowledge of Law.

“If an action unlawful itself be done deliberately, and with intention of mischief or great bodily harm to particulars, or of mischief indiscriminately, fall it where it may, and death ensue against or beside the original intention of the party, it will be murder. But if such mischievous intention doth not appear, (which is matter of fact and to be collected from circumstances,) and the act was done heedlessly and incautiously, it will be manslaughter, not accidental death, because the act upon which death ensued was unlawful.” (Foster’s Crown Law, p. 261.)