Manslaughter

The wrongful killing of another person without malice, express or implied. Voluntary manslaughter, A kijling upon a sudden heat; a killing upon a sudden quarrel, in the first transport of passion and^ before reason has time to resume her empire.** Killing after passion has subsided is murder. Not, then, the same as excusable homicide in self-defense.

Involuntary manslaughter

A killing in the doing of an act unlawful in itself, or a lawful act in an unlawful or careless way.* As, where a workm'&.n flings <* piece of timber into the street and kills a man; where the owner allows a vicious animal to run at large; where one fires off a pistol, against law, and kills another, or drives a locomotive engine at an unlawful speed; where one corrects a child immoderately. When no more is intended than a civil trespass, a killing is "voluntary" manslaughter; but where a felony is intended, a killing is murder.^ Manslaughter is the killing of another without malice. It is "voluntaiy" when the act is committed with a real design and purpose to kill, but through the violence of sudden passion, occasioned by some great provocation, which, in tenderness to the frailty of ^ F. manoir, mansion: L. manere, to remain, reside.

2 3 El. Com. 90. 3 See People v. Van Rensselaer, 5 Seld. 391 (1853); The Century Magazine, Dec. 1885: Manor of Gardnier Island.

44 Bl. Com. 191-93, Approved, 87 Ind. 154; 78 Ky. human nature, the law considers sufficient to palliate the criminality of the offense. It is " involuntary " when the death' is caused by some unlawful act, not accompanied with any intention to take life.. The true nature of manslaughter is, that it is homicide mitigated out of tenderness to the frailty of human nature. ' Where there is no evil intent, it is not necessary that the killing should be the result of an unlawful act; it is sufiELcient if it is the result of reckless or foolhardy presumption, judged by the standard of what would be reckless in a man of ordinary prudence under the same circumstances. ^ In the courts of the United States, the crime is punishable by imprisonment not exceeding ten years, and by a fine not exceeding one thousand dollars,^ See Homicide; Malice; Murder. MAl SrSTEALING.

See Kidnaping.