Regina v. Holland
Liverpool Assizes
174 Eng.Rep. 313 (1841)
- Written by Craig Conway, LLM
Facts
Holland (defendant) attacked Thomas Garland with an iron instrument and, among inflicting many wounds, cut Garland across one of his fingers. Garland was instructed by a physician that he needed to have the cut finger amputated or, otherwise, it could likely lead to his death. Garland refused the amputation and ultimately died as a result. Holland was indicted for murder. At trial, the surgeon testified that if Garland's finger had been removed at his urging, Garland would not have died. Additionally, the trial judge instructed the jury that if Holland intentionally, without justification, inflicted the wound upon Garland which ultimately was the cause of Garland's death, that Holland was guilty of murder.
Rule of Law
Issue
Holding and Reasoning (Maule, J.)
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