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Miss. Code Ann. § 97-3-17

Homicide; excusable homicide

Applied in 33 court decisions — leading case 493 So. 2d 365 - Harveston v. State (1986)

Most recently applied in 267 So. 3d 749 - Alondo Greenleaf v. State of Mississippi (March 2019)

Codes, Hutchinson’s 1848, ch. 64, art. 12, Title 3 (3); 1857, ch. 64, art. 169; 1871, § 2632; 1880, § 2879; 1892, § 1153; 1906, § 1231; Hemingway’s 1917, § 961; 1930, § 989; 194…

How often courts cite this section

19751980199020002010201930
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The killing of any human being by the act, procurement, or omission of another shall be excusable:

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

When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation;

When committed upon any sudden combat, without undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner.

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