Rex v. Russell

Russell (defendant) was charged with murdering his wife and two children by drowning. At trial, a juror asked what Russell would be guilty of if he had instead simply stood by while his wife drowned herself and the children. The judge instructed that Russell would be guilty of manslaughter under those facts because he had a legal duty to care for his family, and the jury convicted him of three counts of manslaughter on that theory. Russell appealed.