Homicide

Homicide is any killing of a human being. To constitute homicide, (1) the killing must be of a living human being; (2) the death must have been caused by the act or omission of the accused; (3) death must happen within a year and a day after the injury. Homicide is either (1) justifiable; (2) excusable; or (3) felonious. Felonious homicide is either murder or manslaughter. 1 Clark & Marshall, Crimes, 466. See "Murder"; "Manslaughter." HOMICIDIUM (Lat.) Homicide.

The killing of any human creature, 4 Bl. Comm. 177. The killing of one human being by the act, procurement or omission of another. Pen. Code N. Y. § 179. The act of a human being in taking away the life of another human being. Sanders v. State, 113 Ga. 267, 38 S. E. 842; People v. Hill, 49 Hun. 432, 3 N. Y. Supp. 564; Maher v. People, 10 Mich. 212, 81 Am. Dee, 781; State v. Lodge, 9 Houst (Del.) 542, 33 Atl. 312; Com. v. Webster, 5 Cush. (Mass.) 303, 52 Am. Dec. 711. Homicide is not necessarily a crime. It is a necessary ingredient of the crimes of murder and manslaughter, but there are other cases in which homicide may be committed without criminal intent and without criminni consequences, as, where it is done in the lawful execution of a judicial sentence, in self-defense, or as the only possible means of arresting an escaping felon. The term "homicide" is neutral; while it describes the act, it pronounces no judgment on its moral or legal quality. See People v. Connors, 13 Misc. Rep. 582, 35 N. Y. Supp. 475. Classification. Homicide is ordinarily classified as "justifiable," "excusable," and "felonious." For the definition of these terms, and of some other compound terms, see infra.

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

— Excusable homicide. The killing of a human being, either by misadvenfure or in self-defense. U. S. v. King (C. C.) 34 Fed. 306; Slate v. Miller, 9 Houst. (Del.) 564, 32 Atl. 137 ; State v. Reynolds, 42 Kan. 320, 22 Pac. 410, 16 Am. St. Rep. ,483; Hopkinson v. People. 18 111. 265; Bassett v. State, 44 Fla. 2, 33 South. 264. The name itself imports some fault, error, or omission, so trivial, however, that the law excuses it from 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 misadvenfure, 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.

— Felonious homicide. The wrongful killing of a human being, of any age or either sex, without justification or excuse in law; of which offense there are two degrees, manslaughter and murder. 4 Bl. Comm. 190; 4 Steph. Comm. 111.

— Homicide hy misadventure. The accidental killing of another, where the slayer is doing a lawful act, unaccompanied by any criminally careless or reckless conduct. State v. Miller, 9 Houst (Del.) 564, 32 Atl. 137; U. S. v. Meagher (C. C.) 37 Fed. 879. The same as "homicide per infortunium."

— Homicide per infortunium. Homicide by misfortune, or accidental homicide ; as where a man doing a lawful act, without any intention of hurt, unfortunately kills another; a species of excusable homicide. 4 Bl. Comm. 182; 4 Steph. Comm. 101.

— Homicide se defendendo. Homicide in self-defense ; the killing of a person in self-defense upon a sudden affray, where the slayer had no other possible (or, at least, probable) means of escaping from his assailant. 4 Bl. Comm. 183186; 4 Steph. Comm. 103-105. A species of excusable homicide. Id.; 1 Russ. Crimes, 660,

— Justifiable homicide. Such as is committed intentionally, but without any evil design, and under such circumstances of necessity or duty as render the act proper, and relieve the party from any shadow of blame ; as where a sheriff lawfully executes a sentence of death upon a malefactor, or where the killing takes place in the endeavor to prevent the commission of felony which could not be otherwise avoided Moran v. Peoria, 163 III. 382, 45 N. E. 230; Kilpatrick v. Com., 3 Phila. (Pa.) 238; State v. Miller, 9 Houst (Del.) 564, 32 Atl. 137 ; Richardson v. State, 7 Tex. App. 493.

— Negligent homicide. In Texas, the act of causing the death of another by negligence and carelessness in the performance of a lawful act. Anderson v. Slate, 27 Tex. App. 177, 11 S. W. 33, 3 In R. A. 644, 11 Am. St. Rep. 189; Pen. Code Tex. art 579.

Ifr. and eng., Homicidlnm, I. The killing of one human being by another which may be either justifiable, excusable or felonious. V. Excusable homicide; Felonious homicide; Justifiable homicide. Homicide per infortnninm or per misadventure: accidental homicide, committed in the doing of a lawful act; a species of excusable homicide. Homicide se defendendo: homicide in self-defense. Homicidinm ex casn: homicide by accident Homicidinm ex jnstitia: homicide in the administration of justice, or in the execution of the sentence of the law. Homicidinm ex necessitate: homicide from inevitable necessity, as for the protection of one's person or property. Homicidinm ex volnntate: voluntary or wilful homicida

The killing any human ereature. 4 Bl. Comm. i177. Thea act of a human being in killing another human being. *Honicide," as a term, does not import crimes. It includes crimes, such, for instance, as murder and manslaughter. Buta homicide may bo innocent; may even be in the performances of »duty. The execution of the sentence of death upon a criminal by the officer of the law is a homicide. The term “homicide” embraces sll man-killing. 1 Parix. Crim. R. 182, 186. Justifiable homicide is such as is committed intentionally, but without any evil design, and undersuch circumstances of necessity or duty as render the act proper, and relieve the party from any shadow of blame; as wherea sheriff lawfully executes a sentence of death upon a malefactor, or where the killing takes place in fle endeavor to prevent the commission of a felony which could not be otherwise avoided. Hxcusable homicide is such as is committed through misadventure or accident, without any willful or malicious intention; or by necessity, in self-defense, Felonious homicide (which may be either murder or manslaughter) is that committed without justification or excuse in law, t. e, with malice and intention, and under such circumstances as to make it punishable.

s The killing of any human creature.' A generic term, embracing every mode by which the life of one man is taken by the act of another.8 Criminal homicide consists in the unlawful taking by one human being of the life of another in such a manner that he dies within a ■See Barney r. Leeds, 51 N. H. 261 (1871); Fink v. O'Neil, 106 U. S. 276 (1882); 10 Am. Law Reg. 641-56, 705-17 (1862), oases; 20 id. 1-17, 137-60 (1871), cases,— as to the Southern States; Thompson, Homest, &o. 1 1; 4 Cal.'26, 33; 33 id. 226; 11 Ga. 89; 1 Iowa, 439; 18 Tex. 415; 34 Wis. 657; 61 id. 374; 103 U. S. 331; 1 Bouvier, Law Diet. 754. 2 Howell V. Mo Crie, 36 Kan. 644 (1887), cases, Simpson, Commissioner. s Myrick v. Bill, 3 Dak. 292 (1884), cases. * Howell V. Mc Crie, 36 Kan. 645 (1887). 'R. S. §§ 2289-2317; Seymour v. Sanders, 3 DiU. 441 <1874). Waiving the right, Linkenhoker's Heirs v. Detrick, 81 Va. 44, 66 (1883), cases. «F. homicide, manslaughter: L. homieidium; or, a man-killer: L. homicida: homo, a man; asdere, to till. ' 4 Bl. Comm. 177. s Commonwealth v. Webster, 5 Cush. 303 (1850), year and a day from the time of the giving of the mortal wound, i If committed with malice, express or implied, it is mui-der; if without malice, manslaughter. The injury must continue to affect the body of the victim till death. If death ensues from another cause, no murder or manslaughter has been committed. The person who unlawfully sets the means of death in motion, whether through an irresponsible instrument or agent, or in the body of the victim, is the guilty cause of the death at the time and place at which his unlawful act produces its fatal result, i Homicidal. Involving or directed toward the killing of a fellow man: as, homicidal intent, or monomania. '* Homicide," as a term, does not necessarily import crime: it includes acts which are crimes. The distinctions denoted by "fratricide," "matricide," "parricide," "patricide," "regicide," "sororicide," are not observed in law. But " prolicide," destroying offspring, "foeticide," killing an unborn child, "infanticide," killing an infant soon after its birth, and "suicide," killing one's self, are employed in senses which involve, more or less, commission of crime. Killing is justifiable, excusable, or felonious. Justifiable homicide. When a life is taken in the performance of a duty or the exercise of a right. This is (1) owing to some unavoidable necessity, without any will, intention, or design, and without any inadvertence or negligence in the party killing, and is, therefore, without blame. Or, it is (2) for the advancement of public justice — by permission: as, where an officer kills a person who resists lawful arrest; where one kills a person charged with felony; killing in dispersing a riot, or by a jailer to prevent an escape. In these cases there must be an apparent necessity. Of this character, also, is killing in war; and so were deaths in trials by battle. To this grade likewise belong killings to prevent forcible or atrocious crimes: as, robbery, murder, burglary, arson; but not mere larceny from the person, nor house-breaking in the day-time. A husband or father may kill for attempted rape,'^ — flagrante crimine. Where one in defense of his person, habitation, or property kills another, who manifestly intends and endeavors by violence or surprise to commit a forcible or atrocious felony, such killing is justifiable homicide. In that case, also, the justification must depend upon the circumstances as they appear to the prisoner.' Excusable homicide. When a life is lost by an accident in the lawful doing of a proper act, or is taken to prevent death or grievous injury to another person. ■Commonwealth v. Macloon, 101 Mass. 6-8 (1869), cases, Gray, J. 2 4BI. Com. 178-82.. sparrish v. Commonwealth, 81 Va. 1, 14-16 (1884), cases. See in general, 28 Am. Law Reg. 706-8 (1887), cases; committed from necessity, 1 Law Quar. Rev. This is (1) by misadventure, where a man doing a lawful act without intention to hurt, unfortunately kills another: as, where the head of a hatchet flies off and kills a by-stander; where a parent, teacher, or officer causes death from moderate punishment of a child, or of a criminal. The act is in itself lawful; the effect is accidental. This species of homicide is to be distinguished from manslaughter. Or, it is (3) in self-defense, upon a sudden afli'ay, and with no avenue of escape from manifest danger to life or great bodily harm.^ Felonious homicide. Killing a human creature, of any age or sex, -without justification or excuse. 2 The killing may be of one's self or of another person. When without malice, the crime is manslaughter; when with malice, murder. ^ ' See further Deb'ense, 1; Ihsanitt, 2 (6); Malice; Manslaughter; Murder; Provocation; Retreat; Suicise; Threat.