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Regina v. Dudley and Stephens

- 14 Q.B.D. 273

Contributed by ErieAndSpooky

Three seamen and one boy lost at sea with no food for 24 days. Two men killed and ate boy; guilty of murder despite necessity because was not in self-defense.

ICRA

Issue

Can the two seamen be charged with murder for the killing of the ship boy out of necessity?

Conclusion

Yes, because the seamen were not acting in self-defense, the homicide of the ship boy is not justified and constitutes murder.

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Rule

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.

Analysis

Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum

Brief Facts & Holding

Facts

  • Thomas Dudley and Edwin Stephens (defendants), along with fellow seaman Brooks and ship boy Parker, were cast away in a storm about 1,600 miles from shore.
  •  In the open boat they had no food or water except two 1lb. tins of turnips and a turtle they caught. 
  •  On the eighteenth day, Dudley and Stephens approached Brooks twice, suggesting one should be sacrificed to save the rest, but Brooks dissented. 
  • Parker was never consulted.
  • The next day,
  • Dudley and Stephens killed Parker, and the three remaining men subsisted on his flesh
  • until they were saved by another ship four days later. 
  • The jury was unable to come to reach a verdict on the defendant’s culpability, submitting a special verdict for the court to assess culpability.  

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Holding

  • Hey! This is the holding for Pennoyer v. Neff. It probably isn't the holding for the brief you're looking at. Join LSD+ for full access.
  • A named property within the court's jurisdiction is attached to satisfy an unrelated claim, despite the owner of said property being a non-resident of the state.
  • A named property within the court's jurisdiction is attached as the basis for the suit (e.g., to quiet title), despite the owner of said property being a non-resident of the state.
  • An individual is sued who is a resident of the state, or who has been served with process while physically located within the state.
  • jurisdiction - Neff is neither a resident, nor was served while within the state. Service by publication may be valid for an
  • proceeding, where the owner would be made aware of the suit due to their property being seized, but not for
  • jurisdiction - the action was on the basis of a suit to receive payment owed, and did not relate directly to a property within the state.
  • jurisdiction, as the Oregon property was not attached to the initial suit, but rather was added in after the suit happened - note that Neff did not even purchase the property until after the suit had concluded.
  • Accordingly, the Oregon court did not have jurisdiction over the initial suit between Neff and his lawyer.
  • Enforcement of a judgment without jurisdiction denies due process!
  • Additionally, although judgments rendered by other states are entitled to full faith and credit, if that state did not have jurisdiction to render the judgment, it loses such entitlement.
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Regina v. Dudley and Stephens

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