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Idaho Code § 18-4012

Excusable homicide

Applied in 2 court decisions — leading case State v. Betts (2022)

Most recently applied in State v. Betts (July 2022)

I.C., § 18-4012, as added by 1972, ch. 336, § 1, p. 844.

Homicide is excusable in the following cases:

(1) When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.

(2) When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat when no undue advantage is taken nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.