Regina v. Smith
Court of Criminal Appeal
169 Eng.Rep. 845 (1855)
Relevant factsFree
Smith (defendant), a sentry, intended to shoot and kill a man named Maloney but instead shot and wounded William Taylor, another sentry posted nearby, mistakenly believing Taylor was Maloney. Smith was charged with, convicted of, and appealed his murder conviction.
IssueFree
Whether a defendant who intends to murder the person he shoots at, but mistakenly kills another person instead, may be found guilty of murder.