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Culpable homicide

Defined in 2 dictionaries — Black's (1910), Black's (1891)

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Described as a crime varying from the very lowest culpability, up to the very verge of murder. Lord Moncrieff, Ark-ley, 72.

Defined under Homicide in Black's Law Dictionary.

A Dictionary of Law

Henry Campbell Black · 1891

Described as a crime Varying from the very lowest culpability, up to the very yerge of murder. Lord Moncrieff, Arkley, 72. Culpe pona par csto. Poona ad mensuram delicti statuenda est. Let the punishinent be proportioned to the crime. Punishment is to be measured by the extent of the offense. It is not, however, a techical term of the law; and in its vernacular usage it seems to imply only 2 light degrea of censure or moral reprobation, Blackstone believes it an abbreviation of the old forms of arraignment, whereby, on the prisouer’s pleading not guilty, the clerk would respond, “¢eulpabilis, prit,” i. e., he is guilty and the crown is ready. It was (he says) the via voce replication, by the clerk, on behalf of the crown, to the prisoner’s pleaof non culjubilis; prit being atechnical word, anciently in use in the formula of joining issue. 4 Bl. Comm, 339. Buta more plausible explanation is that given by Donaldson, (cited Whart. Lex.,) as follows: The clerk asks the prisoner, “Are you guilty, or not guilty?” Prisoner, “Not guilty.” Clerk, *Qwit paroit, [may it prove so.] How will you be tried?” Prisoner, “By God and my country.” These words being hurried over, came to sound, “Culprit, how will you be tried?” The ordinary derivation ig from eulpa.