Homicide

s The killing of any human creature.' A generic term, embracing every mode by which the life of one man is taken by the act of another.8 Criminal homicide consists in the unlawful taking by one human being of the life of another in such a manner that he dies within a ■

See Barney r.

Leeds, 51 N. H. 261 (1871); Fink v. O'Neil, 106 U. S. 276 (1882); 10 Am. Law Reg. 641-56, 705-17 (1862), oases; 20 id. 1-17, 137-60 (1871), cases,— as to the Southern States; Thompson, Homest, &o. 1 1; 4 Cal.'26, 33; 33 id. 226; 11 Ga. 89; 1 Iowa, 439; 18 Tex. 415; 34 Wis. 657; 61 id. 374; 103 U. S. 331; 1 Bouvier, Law Diet. 754. 2 Howell V. Mo Crie, 36 Kan. 644 (1887), cases, Simpson, Commissioner. s Myrick v. Bill, 3 Dak. 292 (1884), cases. * Howell V. Mc Crie, 36 Kan. 645 (1887). 'R. S. §§ 2289-2317; Seymour v. Sanders, 3 DiU. 441 <1874).

Waiving the right, Linkenhoker's Heirs v. Detrick, 81 Va. 44, 66 (1883), cases. «F. homicide, manslaughter: L. homieidium; or, a man-killer: L. homicida: homo, a man; asdere, to till. ' 4 Bl. Comm. 177. s Commonwealth v. Webster, 5 Cush. 303 (1850), year and a day from the time of the giving of the mortal wound, i If committed with malice, express or implied, it is mui-der; if without malice, manslaughter. The injury must continue to affect the body of the victim till death. If death ensues from another cause, no murder or manslaughter has been committed. The person who unlawfully sets the means of death in motion, whether through an irresponsible instrument or agent, or in the body of the victim, is the guilty cause of the death at the time and place at which his unlawful act produces its fatal result, i Homicidal. Involving or directed toward the killing of a fellow man: as, homicidal intent, or monomania. '* Homicide," as a term, does not necessarily import crime: it includes acts which are crimes. The distinctions denoted by "fratricide," "matricide," "parricide," "patricide," "regicide," "sororicide," are not observed in law. But " prolicide," destroying offspring, "foeticide," killing an unborn child, "infanticide," killing an infant soon after its birth, and "suicide," killing one's self, are employed in senses which involve, more or less, commission of crime. Killing is justifiable, excusable, or felonious.

Justifiable homicide

When a life is taken in the performance of a duty or the exercise of a right. This is (1) owing to some unavoidable necessity, without any will, intention, or design, and without any inadvertence or negligence in the party killing, and is, therefore, without blame. Or, it is (2) for the advancement of public justice — by permission: as, where an officer kills a person who resists lawful arrest; where one kills a person charged with felony; killing in dispersing a riot, or by a jailer to prevent an escape. In these cases there must be an apparent necessity. Of this character, also, is killing in war; and so were deaths in trials by battle. To this grade likewise belong killings to prevent forcible or atrocious crimes: as, robbery, murder, burglary, arson; but not mere larceny from the person, nor house-breaking in the day-time. A husband or father may kill for attempted rape,'^ — flagrante crimine. Where one in defense of his person, habitation, or property kills another, who manifestly intends and endeavors by violence or surprise to commit a forcible or atrocious felony, such killing is justifiable homicide. In that case, also, the justification must depend upon the circumstances as they appear to the prisoner.' Excusable homicide. When a life is lost by an accident in the lawful doing of a proper act, or is taken to prevent death or grievous injury to another person. ■Commonwealth v. Macloon, 101 Mass. 6-8 (1869), cases, Gray, J. 2 4BI.

Com. 178-82.. sparrish v. Commonwealth, 81 Va. 1, 14-16 (1884), cases.

See in general, 28 Am. Law Reg. 706-8 (1887), cases; committed from necessity, 1 Law Quar. Rev. This is (1) by misadventure, where a man doing a lawful act without intention to hurt, unfortunately kills another: as, where the head of a hatchet flies off and kills a by-stander; where a parent, teacher, or officer causes death from moderate punishment of a child, or of a criminal. The act is in itself lawful; the effect is accidental. This species of homicide is to be distinguished from manslaughter. Or, it is (3) in self-defense, upon a sudden afli'ay, and with no avenue of escape from manifest danger to life or great bodily harm.^ Felonious homicide. Killing a human creature, of any age or sex, -without justification or excuse. 2 The killing may be of one's self or of another person. When without malice, the crime is manslaughter; when with malice, murder. ^ ' See further Deb'ense, 1; Ihsanitt, 2 (6); Malice; Manslaughter; Murder; Provocation; Retreat; Suicise; Threat.