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BOOK II.

CRIMES.

PART I.-OFFENCES AGAINST THE PERSON.

CHAPTER I.

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.
2 304.

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.
ble homicide, & 308.

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.

with reason,

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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.
injury; contributory negligence, Careless or ignorant use of danger-
& 340.

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.

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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

no

peace, & 407.

promise courts unwilling to Officer in danger of life may take disturb, & 391.

life, & 412.

cers, & 411.

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THEM.

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.

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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.
$ 458.

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
hot blood, of attacks on the in hot blood is manslaughter,
chastity of persons under the $ 478.
rightful protection of defend- In interference by friends, hot
ant, & 460.

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.
cases of intentional killing, Restraint or coercion is adequate
$ 462.

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.

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