Citation. 16 Cox Crim. Cas. 311 (1887).
Brief Fact Summary. Co-defendants Leon Serne and John Henry Goldfinch were indicted for the murder of Serne’s sons, caused by a fire allegedly set by the willful acts of the co-defendants.
Synopsis of Rule of Law. Any act that is known to be dangerous and likely to cause death, if done for the purpose of committing a felony which causes death, amounts to murder.
Any act that is known to be dangerous and likely to cause death, if done for the purpose of committing a felony which causes death, amounts to murder.
If the defendants set fire to the house when Serne’s family was in it, and if that fire caused the death of Serne’s sons, then the defendants are as guilty of murder as if they had actually gone into the house and stabbed the children.
Discussion. This case introduces the basic doctrine of the felony-murder rule, which essentially says that if, during the course of committing a felony, the perpetrator takes action that is known to be dangerous (i.e. robs a store with a gun) and someone dies because of that action (i.e. has a heart attack from seeing the gun), the perpetrator can be guilty of murder even though he/she did not intend for anyone to get hurt.