Excusable Homicide

Homicide committed under circumstances which constitute, not a justification, but merely an excuse. It is of two sorts: (1) Per infortunium, or by misadventure, where a person unfortunately kills another in doing a lawful act, without any intent to hurt, and without criminal negligence. (2) Se defendo, or in self-defense, upon a sudden affray, where a person, after becoming engaged in a sudden affray, kills his antagonist to save himself from reasonably apparent danger of death or great bodily harm.

4 Bl. Comm. 182.

The latter sort was distinguished from justifiable homicide in self-defense by the fact that the perpetrator was deemed in some fault in being engaged in an affray. This distinction is now generally abolished. Excusable homicide was anciently punished by forfeiture of goods (4 Bl. Comm. 182), but is not now punished. See "Justifiable Homicide." EXCUSAT AUT EXTENUAT DELICTUM wrong in capital causes which does not have effect in civil suits. Bac. Max. reg.

7; Broom, Leg. Max. (3d London Ed.) 291.

EXCUSATIO (Lat.) In civil law. Excuse; a cause for exemption from a duty, such as absence, insufficient age, etc. Vicat, and references there given. EXCUSATOR (Lat.) In English Law. An excuser. In Old German Law. A defendant; he who utterly denies the plaintiff's claim. Du Cange. EXCUSATOR QUIS QUOD CLAMEUM non opposuerit, ut si toto tempore litigll fuit ultra mare quacunque occasione. He is excused who does not bring his claim, if, during the whole period in which it ought to have been brought, he has been beyond sea for any reason.

Co. Litt. 260.