VIII. The man who in a rage has taken up a hatchet
against his own wife is a murderer. But it is what I should have
expected from your intelligence that you should very properly remind me
to speak on these points more fully, because a wide distinction must be
drawn between cases where there is and where there is not intent.
A case of an act purely unintentional, and widely removed from the
purpose of the agent, is that of a man who throws a stone at a dog or a
tree, and hits a man. The object was to drive off the beast or to
shake down the fruit. The chance comer falls fortuitously in the
way of the blow, and the act is unintentional. Unintentional too
is the act of any one who strikes another with a strap or a flexible
stick, for the purpose of chastising him, and the man who is being
beaten dies. In this case it must be taken into consideration
that the object was not to kill, but to improve, the offender.
Further, among unintentional acts must be reckoned the case of a man in
a fight who when warding off an enemy’s attack with cudgel or
hand, hits him without mercy in some vital part, so as to injure him,
though not quite to kill him. This, however, comes very near to
the intentional; for the man who employs such a weapon in self defence,
or who strikes without mercy, evidently does not spare his opponent,
because he is mastered by passion. In like manner the case of any
one who uses a heavy cudgel, or a stone too big for a man to stand, is
reckoned among the unintentional, because he does not do what he
meant: in his rage he deals such a blow as to kill his victim,
yet all he had in his mind was to give him a thrashing, not to do him
to death. If, however, a man uses a sword, or anything of the
kind, he has no excuse: certainly none if he throws his
hatchet. For he does not strike with the hand, so that the force
of the blow may be within his own control, but throws, so that from the
weight and edge of the iron, and the force of the throw, the wound
cannot fail to be fatal.