Manslaughter

Unlawful homicide, without premeditation. This is a general indication of the nature of the offence; but the discrimination of manslaughter from murder requires a careful attention to the kind and degree of premeditation or malice which may constitute murder, and this is the subject of many nice distinctions, not only those drawn by common-law authorities, but those introduced in various jurisdictions by recent statutes. The general idea of the early common law was to punish intentional, malicious, or premeditated killing (if unlawful) with death, under the name of murder; and unintended, accidental, unpremeditated killing, with lighter penalties, under the name of manslaughter. But when reckless indifference to the destruction of human life, irrespective of intent to take the life of an individual, also, an intent, formed on the instant and without deliberation, came to be recognized as sufficient malice aforethought to constitute murder, the application of the distinction between the two names became difficult. In the absence of a statutory definition, it is difficult to be more precise in defining manslaughter than to say that it includes all cases of felonious killing which are not characterized by such intent or malice as the decisions of the jurisdiction have held to be sufficient to constitute murder.

See 2 Bish. Cr. L, (6th ed.) book x. ch.

23, for an extended discussion of the history and difficulties of the distinction. Manslaughter is defined as the unlawful killing of another without malice, express or implied; which may be either voluntarily, upon a sudden heat, or involuntarily, but in the commission of some unlawful act. Manslaughter being defined as culpable homicide without ma Uce, and malice being defined, in reference to homicide, as the wilfulness or criminal recklessness whereby a man contemplates the death of some person or persons as a probable consequence of his own unlawful act or omission, the absence of such wilfulness or 1. Where there is not time for one to consider consequences; as when one, having a deadly weapon in his hand, throws it in the heat of passion at another who has provoked him.

2.

Where there is time to consider the probable consequences of an unlawful act wilfully done, and yet the death of any person is by no means a natural or probable consequence of such unlawful act; as if two parties fight without deadly weapons; or as if a station-master, contrary to orders, starts a train before the proper time, having no reason to expect any obstacle, and yet a collision happens, whereby some person is killed. Perhaps manslaughter may also be described as the causing the death of another through recklessness, including under that term negligence, heedlessness, and rashness; provided that the negligence, heedlessness, or rashness in question be not such as to indicate a wanton and palpable disregard of human life, in which case it will amount to murder. This definition would imply that the difference between murder and manslaughter is. of ten one of degree, which is in fact the case. Mozley 4" W. Manslaughter is defined as homicide felonious, but without premeditation; and It may be either involuntary, as where a man doing an unlawful act not amounting to felony, by accident kills another; or where, by culpable neglect of duty, he occasions another's death: or voluntary, as when, upon a sudden quarrel, two persons fight, and one of them kills the other, or where a man greatly provokes another by some personal violence, and the other immediately kills him. Brown. The difference between manslaughter and murder principally consists in this: manslaughter (when voluntary) arises from the sudden heat of the passions; murder from the wickedness of the heart. Manslaughter Is defined: The unlawful killing of another, without malice either express or implied, which may be voluntarily, upon a sudden heat; or involuntarily, but in the commission of some unlawful act. Hence, in manslaughter there can be no accessories before the fact, because it must be done without premeditation. As to the voluntary branch: if upon a sudden quarrel two persons fight, and one of them kills the other, this is manslaughter; and so it is if they go out and fight in a field; for this is one continual act of passion, and the law pays that regard to human frailty, as not to put a hasty and deliberate act upon the same footing with regard to guilt. So, also, if a man be greatly provoked, as by having his nose pulled, and immediately kills the aggressor, though this is not excusable, se de- Jendendo, since there is no absolute necessity for doing it, to preserve himself; yet neither is it murder, for there is no previous malice; but it is manslaughter. But in this, provocation, if there be a sufficient coolingtime for passion to subside and reason to interpose, and the person so provoked afterwards kills the other, this, being done deliberately, and not under the heat of passion, amounts to murder. Manslaughter, therefore, on sudden provocation differs from excusable homicide se de/endendo in this: that there is no necessity for the killing; it being only a sudden act of revenge. As to the involuntary branch; this differs from homicide excusable by misadventure in this: that misadventure always happens in consequence of a lawful act, but this manslaughter, from an unlawful one.

Jacob.