coke a chastetree gore case mich James a mix poison in some medicine send by a  apothecary to her husband which do not kill he but afterward kill the  apothecary who to vindicate his reputation taste it himself have first stir it  about hold this be murder in a if a put poison into a pot of wine c to the  intent to poison b and set it in a place where he suppose b will come and  drink it and by accident c against who a have no malice come and of his own  bead drink the wine of which he die it be murder in a so also in the same case  if c think that sugar be in the wine stir it with a knife and drink of it but  if one prepare poison to kill vermin and leaves it in place for that purpose  and with no in intent and one find it eat of it and die it be not felony SC  jenk cent hale hawk PC b c Russell on crime before Fleming chief justice and  Tanfield chief baron justice of assize this case happen in their western  circuit Agnes the daughter of roper marry one gore gore fall sick roper the  father in good will to the say gore his soninlaw go to one dr grey a physician  for his advice who make a receipt direct to one Martin his apothecary for a  electuary to be make which the say Martin do and send it to the say gore Agnes  the wife of gore secret mix ratsbane with the electuary to the intent  therewith to poison her husband and afterward maii she give part of it to her  husband who eat thereof and immediate become grievous sick the same day roper  the father eat of it and immediate also become sick maii c eat part of it and  be likewise fall sick but they all recover and yet be alive the say roper  observe the operation of the say electuary carry the say box with the say  electuary maii to the say grey the physician and inform he of the say accident  who send for the say Martin the apothecary and ask he if he have make the say  electuary accord to his direction who answer that he have in all thing but in  one which he have not in his shop but put in another thing of the same  operation which the say doctor grey well approve of whereupon Martin the  apothecary say to the end you may know that f have not put any thing in it  which I myself will not eat I will here before you eat part of it and  thereupon Martin take the box and with his coke b knife mingle and stir  together the say electuary and take and eat part of it of which he die the d  day of may follow coke report a er p the question be if upon all this matter  Agnes have commit murder and this case be deliver in write to all the judge of  England to have their opinion in the case and the doubt be because Martin  himself of his own head without incitation or procurement of any not only eat  of the say electuary but he himself mingle and stir it together which mix and  stir have so incorporate the poison with the electuary that it make the  operation more forcible than the mixture which the say Agnes have make for  notwithstanding the mixture which Agnes have make those who eat of it be sick  but yet alive but the mixture which Martin have make by mingle and stir of it  with his knife make the operation of the poison more forcible and be the  occasion of his death and if this circumstance will make a difference between  this case and sander case in blow Com be the question and it be resolve by all  the judge that the say Agnes be guilty of the a hale pi cor Inst jenk cent a  murder of the say Martin for the law conjoin the murderous intention of Agnes  in put the poison into the electuary to kill her husband with the event which  thence ensue know the death of the say Maitin for the put of the poison into  the electuary be the occasion and cause and the poison and death of the say  Martin be the event because outcome be who ex causan sequitur et to say  outcome because ex cause to come out and the stir of the electuary by Martin  with his knife without the put in of the poison by Agnes can not have be the  cause of his death and it be also resolve that if a put poison into a pot of  wine c to the intent to poison b and set it in a place where he suppose b will  come and drink of it and by a pl Com b a accident c to who a have no malice  come and of his own head take the pot and drink of it of which poison he die  it be murder in a for the law couple the event with the intention and the end  with the cause and in the same case if c think that sugar be in the wine stir  it with a knife and drink of it it will not alter the case for the king by  reason of the put in of the poison with a murderous intent have lose a b pl  Com b b subject and therefore in law he who so put in the poison with a in and  felonious intent shall answer for it but if one prepare ratsbane to kill c pl  Com b hale pl cor c rat and mouse or other vermin and leaves it in certain  place to that purpose and with no in intent and one find it eat of it it be  not felony because he who prepare the poison have no in or felonious intent  but when one prepare poison with a felonious intent to kill d Inst more d any  reasonable coke a creature whatsoever reasonable creature be thereby kill he  who have the in and felonious intent shall be punish for it for he be as great  a offender as if his intent against the other person have take effect and if  the law shall not be such this horrible and heinous offence will be unpunished  which will be mischievous and a great defect in the law