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PART I.-OFFENCES AGAINST THE PERSON.
HOMICIDE. I. DEFINITIONS.
When there is deliberate unlawful Murder is killing with malice killing, malice is inferred, & 314. aforethought, 303.
If intent be only to inflict a slight Voluntary manslaughter is in- offence, killing is but man
tentional killing in hot blood, slaughter, 315.
Killing when intending to proInvoluntary manslaughter is neg- duce miscarriage is murder, ligent killing, & 305.
% 316. Excusable homicide is either non- When unintended person has been
negligent, non-malicious kill- killed by mistake, it has been ing, or killing in self-defence ruled that offence is the same or necessity, 8 306.
as if intended person had been Justifiable homicide is homicide killed, & 317.
in discharge of a duty, 8 307. Objections to this view, & 318. In verdict there is no distinction Malice to a class covers malice to
between excusable and justifia- an individual, % 319.
By older writers killing with inII. CERTAIN REQUISITES OF HOMI- tent to commit collateral felony CIDE IN GENERAL.
is murder, % 320. Deceased must have been living This conclusion is incompatible at mortal blow, 8 309.
321. Death must be imputable to de- Proper course is to indict for fendant's act, & 309 a.
attempt and for manslaughter, Accelerating death is homicide, 322. 8 309 b.
Unintentional homicide inciThe homicide must not have been dental to an unlawful act is
in legitimate public war, & 310. manslaughter, & 323. There must be proof of corpus So in respect to assault, & 324. delicti, & 311.
So in respect to miscarriages, Death must have been within a
325. year and a day, 8 312.
So as to riots, & 326. Malice is to be inferred from cir- So as to illicit intercourse, & 327. cumstances, % 313.
So as to suicide, & 328.
III. NEGLIGENT HOMICIDE.
Letting loose noxious animals, Omission in discharge of lawful 357. duty is indictable, & 329.
Killing of helpless person by Omission to perform acts of negligent act is manslaughter, charity not indictable, 2 330.
$ 358. Otherwise as to lawful duties; Death of child by parents neg. father and child, & 331.
ligent act is manslaughter, Husband and wife, 8 332.
8 359. Keepers, jailers, etc., & 333. So as to master and apprentice Incapacity a defence, & 334. and master and servant, & 360. So is capacity on part of per- So of jailers and other guardians, son neglected, & 335.
% 361. Conscientious opinion as to Physicians responsible for lack of
duty, when a defence, 8 336. ordinary diligence and skill, Engineers and other officers liable & 362. for omissions, % 337.
Not responsible if patient were So of persons employed to give direct cause of injury, 363.
warning as to danger, & 338. No difference between licensed No indictment lies for failure in
unlicensed practitioner, discretionary duty, 8 339.
8 364. Must be causal connection be- Culpable ignorance imposes lia
tween the negligence and the bility, & 365.
ous agencies is negligence, 366. Master liable for servant, & 341. Gratuitousness does not affect No defence that business was lawful, & 342.
Apothecaries and chemists liable Negligent use of dangerous agen- on same principles, & 368. cies indictable, X 343.
By persons running machinery Fire-arms and powder, & 344. care must be exercised in proPoison, & 345.
portion to danger, 8 369. Intoxicating liquors, & 347. So when death is caused by negliOfficers of railroads liable for gent desertion of post, 2 370.
death ensuing from their want IV. KILLING IN ATHLETIC SPORTS. of care, & 348.
Prize-fighters liable for manWhen there is duty there is lia- slaughter in cases of non-malibility, $ 349.
cious killing, 371. But duty must be specific, 350. And so of participants in unlawKilling by negligently dropping ful sports, % 372.
articles is manslaughter, 8 351. But not so in lawful athletic Liability of steamboat officers, sports, & 373. % 352.
In practical jokes responsibility Death produced by careless driv- attaches, % 373 a.
ing is manslaughter, 353. V. CORRECTION BY PERSONS IN AURapidity which puts horse out of
THORITY. control is negligence, 8 354. Killing by undue correction is Care to be that of prudent drivers, manslaughter, & 374. $ 355.
VI. STATUTORY DISTINCTIONS. All concerned liable as principals, Old English law indifferent to 356.
grades of guilt, 8 375.
case, & 367.
Analysis of statutes, 4 376.
In cases of doubt presumption is Pennsylvania and cognate stat- for murder in second degree,
utes leave distinction between 392. murder and manslaughter un- Common law indictment for murtouched, making specific intent der sufficient to sustain either to take life the general feature degree, 8 393. of murder in first degree, Verdict should specify degree, 377.
& 394. “Wilful” means specifically VII. Riotous HOMICIDES. willed, & 378.
In cases of killing in war against “Deliberate” to be regarded as government for private purqualifying “killing," X 379.
poses indictment should be for "Premeditated” an essential in- murder, % 395. cident, & 380.
Co-rioters principals in riotous Facts from which premeditation killing, & 396. may be inferred, & 381.
But not in collateral crimes, 8397. Killing B. when intent was to Presence without intent to kill
kill C. is murder in the first involves manslaughter, & 398. degree, & 382.
Killing by lynch-law is murder in Grade of homicide when the in- first degree, & 399.
dividual killed is one of a group If there be cooling-time, offence generally attacked is deter- may be murder, & 399 a. mined by the general intent, Private persons may kill in sup2383.
pression of riot, & 400. Killing in perpetration of enu- VIII. HOMICIDE BY OFFICERS OF
merated felonies not necessarily JUSTICE. murder in the first degree, Killing in obedience to warrant 2 384.
justifiable, & 401. And so of homicide by poison And so when necessary to effect and lying in wait, 8 385.
an arrest, & 402. Homicide incidental to unenu- Murder for officer intentionally
merated felony is manslaughter, to kill a person flying from 2 386.
civil arrest, & 403. Under the statutes “attempt” Otherwise in respect to felonies, must be a substantive offence,
& 405. 387.
Killing by officer in prevention of Murder in second degree includes escape justifiable, & 406. murder where there was
So when necessary to preserve specific intent to take life, 2 388.
Lawful arrest unlawfully exeMurder in drunkenness is mur- cuted imposes responsibility, der in second degree, & 389.
8 408. Killing a woman with intent to Legal warrant necessary, & 409.
produce abortion may be mur- Private persons interfere at their der in the second degree,
own risk, & 410. 2390.
So as to military and naval offiMurder in second degree a com
peace, & 407.
promise courts unwilling to Officer in danger of life may take disturb, & 391.
life, & 412.
cers, & 411.
IX. HOMICIDE OF OFFICERS OF Pursuer must show that felony JUSTICE AND OTHERS AIDING was committed, etc., & 434.
Private person may interfere to Intentional killing of officer law- prevent crime, & 435.
fully arresting is murder, 2 413. Indictment found, good cause of But manslaughter when arrest is arrest by private person, ( 436. illegal, & 414.
Railway officer may arrest misbeConstables and policemen have having passenger, & 437.
authority to arrest when public Arrest for breach of peace illegal order is threatened, & 415.
without corpus delicti, & 438. Bailiff's powers limited to arrest, In cases of public disorder officers 8 416.
may enter houses to arrest, Officer executing process must be 8 439. within jurisdiction, & 417.
Private persons interfering to Notice may be inferred from quell riots should give notice, facts, & 418.
$ 440. If there be no notice, killing in Must be reasonable grounds to
self-protection is not murder, justify arrest of vagrants, & 441. 8 419.
Time of execution of arrest, Warrant must be executed by 8 442.
party named or his assistant, Manslaughter when officers take % 420.
opposite parts, & 443. Warrant continues in force until A. aiding B. in resisting is in the executed, & 421.
same position as B., & 444. Erroneous or blank warrant in- X. INFANTICIDE. operative, & 422.
When death occurs before child Falsity of charge no alleviation, has independent circulation, of& 423.
fence is not homicide; otherWarrant without seal is void, wise when the child is born % 424.
alive and dies after birth, But not so as to informality not & 445.
amounting to illegality, X 425. Birth a question of fact, & 446. Warrant need not be shown, 8 426. Negligent exposure of children is Arrest on charge of felony unlaw- manslaughter, 2 447. ful without warrant, & 427.
XI. SUICIDE. Arrest may be made during offence Surviving principal in suicide inwithout warrant, & 428.
dictable for murder, $ 448. For past offences limited to felo- At common law no conviction of nies and breaches of the peace,
accessaries before the fact, 2 449. & 429.
Killing when assisting in producKilling of officer arresting on ing abortion, & 450.
probable felony is murder, 2430. Consent of deceased no bar to Military and naval officers sub- prosecution, 8 451. ject to same rules, & 431.
Killing another with his consent Persons aiding officers entitled to to avoid greater evil, & 452.
protection of officers, & 432. Killing another incidentally to So as to private person lawfully suicide is manslaughter, 453.
arresting independently of of- Attempt to commit suicide is ficer, & 433.
misdemeanor, & 454.
XII. PROVOCATION AND HOT BLOOD. In sudden quarrels immaterial
Loss of self-control essential to who struck the first blow, defence, 8 455.
& 471. Words of reproach no adequate But the blow must have been
provocation for an assault with apparently intended, and natuintent to kill, & 455 a.
rally calculated to arouse the When person is touched with ap- passions, % 472.
parent insolence, then provoca- Cool and deliberate use of distion reduces degree, & 456.
parity to kill is murder, &473. Interchange of blows induced by Malice implied from concealed insulting words reduces to man
weapon, % 474. slaughter, & 457.
Where mortal blow was given A slighter provocation extenuates after deceased was helpless,
when intent is only to chastise, offence is murder, & 475.
And so where attack was sought Husband in hot blood killing by person killing, & 476.
adulterer, guilty of manslaugh- Question of continuance of old ter, 8 459.
grudge is for jury, & 477. Same principle to be extended in Malicious killing in another's
cases of punishment, when in quarrel is murder, but killing
blood extenuates in proportion Killing to redress a public wrong to the nearness of the relationis murder, & 461.
ship, & 479. A bare trespass on property not Cooling-time dependent upon cir
an adequate provocation in cumstances, & 480.
provocation, & 481. Exercise of a legal right no just Killing in duel is murder, X 482. provocation, & 463.
And this extends to the seconds, Spring-guns illegal when placed 8 483.
on spots where innocent tres- XIII. EXCUSE AND JUSTIFICATION.
passers may wander, & 464. 1. Repulsion of Felonious Assault, For master of house knowingly to
& 484. kill visitor is murder, % 465.
Force of defence to be proporWhen such killing is in hot blood tioned to force of attack, it is manslaughter, & 466.
$ 484. When such killing is in self-de- Conflict provoked by defendant fence it is excusable, & 467.
is no defence, & 485. Manslaughter to kill master of But where defendant withdraws
house expelling defendant with from such conflict, then his unnecessary violence, & 468.
right of self-defence revives, Killing a person having legal % 486.
right to enter room is murder, Retreat is necessary when prac2 469.
ticable, 8 486 a. A blow is sufficient provocation Prior malice by defendant does when parties are equal, & 470.
not abrogate defence, & 486 b.