Manslaughter

In criminal law, The unlawfulkilling of another without malice, cither express or implied; which may be either voluntarily, upon a sudden heat, or involuntarily, but in the commission of sume unlawful act.

1 Hale, P. C. 466; 4 BI. ee Comm. 191.

Manslaughter is the unlawful killing of a human creature without malice, either exee press or implied, and without any mixture of deliberalion whatever; which may be vol- ESS untary, upon a sudden heat of passion, or SS involuntary, in the commission of an unlawful act, or a lawful act without due caution eS and cireumspection.

Code Ga. 1882, § 4324; Pen. Code Cal. § 192.

Eee The distinction between “manslaughter” and “murder” cousists in the following: In ithe former, though the act which occasions the death be unlawful or likely to be attended with bodily mis- ‘to be wanting in manslaughter.

1 East, P. C. 218; 5 Cush. 304.

It also differs from “murder” in this: that there: can be no accessaries before the fact, there having been no time for premeditation.

1 Hale, P. C. 487; 1 Russ. Crimes, 485; 1 Bish. Crim. Law, 678.