The unlawful killing may be perpetrated by-poisoning, striking, starving, drowning, stabbing, shooting or by any other of the various forms or means by which human nature may be overcome, and death thereby occasioned.

So if a homicide be committed in the perpetration of a robbery or other felony the killing will be murder; and if one of two or more persons while committing the crime of robbery kills another, both or all implicated in the robbery will be guilty of murder; and the killing under such circumstances will be murder in the first degree, according to the statutes which divide murder into degrees.39

So where one does any unlawful act deliberately, thereby causing the death of another, the killing will be murder. When an act unlawful in itself is done with deliberation, and with an intention of mischief or great bodily harm, or of mischief indiscriminately, and death ensue, though against or beside the original intention of the person doing the unlawful act, the killing will be murder.40

Blackstone says: If a man be doing anything unlawful and a consequence ensues which he does not foresee or intend, as the death of a man or the like, his want of foresight shall be no excuse, for, being guilty of one offense, he is criminally guilty of whatever consequences may follow.41

From this principle it follows that if a man unlawfully shoots at one person intending to kill him, but kills another, the killing of the latter is murder.42

39 Roesel vs. State, 62 N. J. L., 216;

Henry vs. State, 51 Nel., 149;

State vs. Foster, 136 Mo., 653. 40 Mayer vs. P., 106 111., 313; 3

Greenl. Ev., Sec. 147. 41 4 Blackstone Com., 27. 42 Dunaway vs. People, 110 111., 336; Hughes, Cr. Law, Sec. 8.

So if a person recklessly and intentionally shoots into a dwelling-house and kills a person, such killing is murder.43