Regina v. Cunningham

Roy Cunningham (defendant) tore a gas meter off the wall of an unoccupied home's cellar to steal the money inside, but did not shut off the gas line, which leaked into the neighboring house and partly asphyxiated an elderly woman sleeping there. Cunningham pleaded guilty to larceny for the meter and money, but was also charged under a statute making it a felony to "unlawfully and maliciously" cause someone to take poison in a way that endangers life. The trial judge instructed the jury that "malice" simply meant "wicked" conduct the defendant knew he had no business doing, and Cunningham was convicted and appealed.