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.

The killing of a human being, when the party killing is not altogether free trotn blame, but the necessity which renders it excusable may be said to have been partly induced by bis own act 1 East, PI. Cr. 220. See Homicide. EXCUSATIO (Lat.). In Civil Law. Excuse. A cause from exemption from a duty, such as absence, insufficient age, etc. Vicat, Yoc. Jut., and reference there given.

See Homicide.

Defined under Excusable in Black's Law Dictionary.

Homicide which the law excuses from the guilt

In criminal law. The killing of a human being, either by misadventure or in self-defense. The name itself imports some fault, error, or omission, so trivial, however, that the law excuses it from the guilt of felony, though in strictness it judges it deserving of some little degree of punishment. 4 Bl. Comm. 182. It is of two sorts, — either per infortunium, by misadventure, or se defendendo, upon a sudden affray. Homicide per infortunium is where a man, doing a lawful act, without any intention of hurt, unfortunately kills another; but, if death ensue from any unlawful act, the offense is manslaughter, and not misadventure. Homicide se defendendo is where a man kills another upon a sudden affray, merely in his own defense, or in defense of his wife, child, parent, or servant, and not from any vindictive feeling. 4 Bl. Comm. 182.

That which involves law excuses it from the guilt of felony. per infortunium, by accident in doing a defendendo, in self-defence. Excusat aut extenuat delictum in operatur idem in civilibus, /. That a fault in capital cases which would not so

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.

crim. lato, is the killing of a human being, when the party killing is not altogether free from blame, but the necessity which renders it excusable, may be said to be partly induced by his own act. 1 East, P. C. 220.