Excusable Homicide

In criminal law. That kind of homicide which the law excuses from the guilt of felony, though in strictness it judges it deserving of some little degree of punishment. It is of two kinds, homicide per infortunium, by misadventure; and homicide se defendendo, in self-defence, upon a sudden affray.

4 Bl. Com. 182. 4 Steph. Com. 101.

See Homicide. Kjem «t aat «xt Mi«M iaesj^l* iiwu That excuses or extenuates an offence in capital cases, which do^s not operate the same in cases of civil injuries.

Bacon's Max. 36, reg. 7.

In capital causes, in/avorem vitce, the law will not punish in so high a degree, except the malice of the will and intention appear; but in civil trespasses and injuries that are of an inferior nature, the law doth rather consider the damage of the party wronged, than the malice of him that was the wrong doer; and therefore, the law makes a difference between killing a man upon malice forethought, and upon present heat. But if I give a man slanderous words, whereby I damnify him in his name and credit, it is not material whether I use them upon sudden choler and provocation, or of set malice, but, in an action upon the case, I shall render damages alike. Id. ibid.