Manslaughter

crim. law, is the unlawful killing of another without malice either express or implied.

4 BI.

Com. 190; 1 Hale, P. C. 466; the distinctions between manslaughter and murder consist in the following. In the former though the act which occasions the death either express or implied, which is the very essence of murder, is presumed to be wanting in manslaugh.-. ter.

1 East, P.C. 218; Foster, 290.

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. 437; 1 Russ. Cr. 485.

Manslaughter is voluntary, when it happens upon a sudden heat; or involuntary, when it takes place in the commission of some unlawful act. The cases of manslaughter may be classed as follows; those which take place in consequence of, 1, provocas tion; 2, mutual combat; 3, resist- — ance to public officers, &c.; 4, killing in the prosecution of an unlawfal or wanton act; 5, killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority.x—1. The provocation which reduces the killing from murder to manslaughter, is an ane swer to the presumption of malice, which the law raises in every case of homicide: it is therefore no ane swer when express malice is proved. lL Russ. Cr. 440; Foster, 132; 1 East, P. C. 239; and to be available the provocation must have been reasonable and recent, for no words or slight provocation will be sufficient, and if the party has had time to cool, malice will be inferred.—2. In cases of mutual combat, it is generally manslaughter only when one of the parties is killed. When death ensues from duelling the rule is different, and such killing is murder.

3.

The killing of an officer by resistance to him while acting under lawful authority is murder; but if the officer be acting under a void or illegal authority, or out of his jurisdiction, the killing 1s manslaughter, or excusable homicide, according to the circumstances of the case.

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