194 Lobelia inflata, 
the second spoonful, she was immediately relieved. ine a gubsée 
iy attack, the ee was repeated, i ——— the dose toa 
ee 
< @ Bute on ‘considering this” point; ‘the court were all of opinion, ie iting 
this ignorance, that if the prisoner acted with an honest intention and expectation of 
curing the deceased by this treatment, although death, cect by him, was - con- 
sequence, he was not guilty of manslaughter. ss 
“To constitute manslaughter, the killing must have been a consequence of some 
unlawful act. Now there's is no law, which prohibits any man from prescribing for a 
sick person with his consent, if he honestly intends to cure him by his prescription. 
Anc ‘it is no felony, ‘if through his ‘ignorance of the quality of the medicine prescribed, 
a the nature of the disease, or of both, the patient contrary to his expectation should 
~The death of a man, killed by ‘voluntarily following a medical prescription, cannot 
és adjudged felony i in the party prescribing, unless he, however i ignorant of medical sci- 
ence in general, had so much knowledge, or probable information of the fatal tendency 
of the prescription, that it may be reasonably presumec by the jury, to be the effect of 
obstinate e wilfal rashness at the least, and — ones! intention’ and. —— to 
«In the present case there is no evidence that the _— either from his own 
experience, or from the information of others, had any knowledge of the fatal ees = . 
the Indian tobacco, when eyany administered : “but thie only 1 — P! 
to tee b pomit, proved that the patient found. a ‘cure from the medicine. idl tated 
“The law thus stated, was conformable, not only to the cache principles | which 
governed i in charges of felonious homicide, but also to the opinion of the learned and ex- 
cellent lord chief justice Hale. He expressly states that if a physician, whether licensed 
or not, gives a person a potion, without any intent of doing him any bodily hurt, but 
with i intent to cure, or prevent a disease, and contrary to the expectation of the Boks ag | 
it kills him, hei is not guilty of murder or manslaughter. — 
petcisinie 
_ ‘If i in this | case it had in evidence, as was stated by the solicitor gene- 
val, that the. prisoner had q previously, by administering this Indian tobacco, experienced 
