Excusable homicide
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
In criminal law. The killing of a human being, either by misadventure or in self-defense. The name itself imports some fault, error, or omission, so trivial, however, that the law excuses it from the guilt of felony, though in strictness it judges it deserving of some little degree of punishment.
4 Bl. Comm. 182.
It is of two sorts, — either per infortunium, by misadventure, or se defendendo, upon a sudden affray. Homicide per infortunium is where a man, doing a lawful act, without any intention of hurt, unfortunately kills another; but, if death ensue from any unlawful act, the offense is manslaughter, and not misadventure. Homicide se defendendo is where a man kills another upon a sudden affray, merely in his own defense, or in defense of his wife, child, parent, or servant, and not from any vindictive feeling.
4 Bl. Comm. 182.