Thomas v. People

D. G. Thomas was jointly indicted with Fay and O’Harafor the killing of four men in December, 1888.

It is now quite universally conceded that there may be a criminal responsibility for the grossly negligent performance of a lawful act. Law writers and jurists agree as to what must be disclosed by the proof in order to hold an individual criminally liable for the death of another, when aside from considerations of negligence the act would otherwise be lawful. When the defendant is accused because of his neglect to do a particular thing the duty must be a plain one, requiring no discussion to…