Manslaughter

In criminal law. The uniawful killing of another without malice, either express or implied; which may be either voluntarily, upon a sudden heat, or involuntarily, but in the commission of some unlawful act 1 Hale, P. C. 466; 4 BL Comm. 191. Manslaughter is the unlawful killing of a human creature without malice, either express or implied, and without any mixture of deliberation whatever ; which may be voluntary, upon a sudden heat of passion, or involuntary, in the commission of an unlawful act, or a lawful act without due caution and circumspection. Code Ga. 1882, § 4324; Pen. Code Cal. § 192. And see Wallace v. U. S„ 162 U. S. 466, 16 Sup. Ct. 859, 40 L. Ed. 1039; Stokes v. Sinte, 18 Ga. 35; Clarke v. State, 117 Ala. 1, 23 South. 671, 67 Am. St Rep. 157; U. S. v. King (C. C.) 34 Fed. 309; People v. Maine, 51 App. Div. 142, 64 N. Y. Supp. 579; High v. State, 26 Tex. App. 545, 10 S. W. 238, 8 Am. St Rep. 488; State v. Workman, 39 S. C. 151, 17 S. E. 694; State v. Brown, 2 Marv. (Del.) 380, 36 Atl. 458; U. S. v. Lewis (C. C.) Ill Fed. 632; State v. Zellers, 7 N. J. Law, 243. The distinction between "manslaughter" and "murder" consists in the following; In the former, though the act which occasions the death be unlawful or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter. 1 East, P. C. 218; Comm. v. Webster, 5 Cush. Mass.) 304, 52 Am. Dec. 711. It also differs rom "murder" in this: that there can be no accessaries before the fact, there having been no time for premeditation. 1 Hale, P. C. 437; 1 Russ. Crimes, 485; 1 Bish. Crim. Law, 678.

— Voluntary manslaughter. In criminal law. Manslaughter committed voluntarily upon a sudden heat of the passions; as if, upon a sudden quarrel, two persons fight, and one of them kills the other. 4 Bl. Comm. 190, 191.