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Errington and Others’ Case | 168 Eng. Rep. 1133 (1838)

Criminal law generally divides homicide into two main categories: murder and manslaughter. The principal difference between these crimes is the defendant’s mental state. A nineteenth century English court explained this difference to the jury in Errington and Others’ Case.

One night while he was drunk, William Lee wandered into a greenhouse and fell asleep. Thomas Errington, Henry Brown, and Thomas Wardman then covered Lee’s body with straw and shoveled hot cinders on top. The straw caught fire, severely burning Lee. He died the next day.

The county of Newcastle put Errington and the other men on trial for Lee’s death. The jury was tasked with determining whether the defendants were guilty of murder or manslaughter.

Before sending the jury to deliberate, the court provided instructions on the state of mind required for murder.

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