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BOOK II.

CRIMES.

PART I.-OFFENCES AGAINST THE PERSON.

I. DEFINITIONS.

CHAPTER I.

HOMICIDE.

Murder is killing with malice
aforethought, 303.
Voluntary manslaughter is in-
tentional killing in hot blood,
304.

Involuntary manslaughter is neg-
ligent killing, 305.

Excusable homicide is either non-
negligent, non-malicious kill-
ing, or killing in self-defence
or necessity, 306.
Justifiable homicide is homicide
in discharge of a duty, 307.
In verdict there is no distinction
between excusable and justifia-
ble homicide, ¿ 308.

II. CERTAIN REQUISITES OF HOMI-
CIDE IN GENERAL.
Deceased must have been living
at mortal blow, ? 309.
Death must be imputable to de-
fendant's act, 309 a.
Accelerating death is homicide,
309 b.

The homicide must not have been

in legitimate public war, ? 310. There must be proof of corpus delicti, 311.

Death must have been within a

year and a day, & 312.

Malice is to be inferred from circumstances, 313.

When there is deliberate unlawful killing, malice is inferred, 314. If intent be only to inflict a slight offence, killing is but manslaughter, 315.

Killing when intending to produce miscarriage is murder, 316.

When unintended person has been killed by mistake, it has been ruled that offence is the same as if intended person had been killed, % 317.

Objections to this view, ? 318. Malice to a class covers malice to

an individual, 319.

By older writers killing with intent to commit collateral felony is murder, 320.

This conclusion is incompatible with reason, 321.

Proper course is to indict for attempt and for manslaughter, ? 322. Unintentional

homicide incidental to an unlawful act is manslaughter, 323.

So in respect to assault, 324. So in respect to miscarriages, € 325.

So as to riots, ? 326.

So as to illicit intercourse, 327. So as to suicide, 328.

III. NEGLIGENT HOMICIDE.
Omission in discharge of lawful

duty is indictable, ? 329. Omission to perform acts of

charity not indictable, § 330. Otherwise as to lawful duties; father and child, 331.

Husband and wife, 332.
Keepers, jailers, etc., § 333.
Incapacity a defence, 334.
So is capacity on part of per-

son neglected, ? 335. Conscientious opinion as to

duty, when a defence, ¿ 336. Engineers and other officers liable

for omissions, 337.

So of persons employed to give

warning as to danger, 338. No indictment lies for failure in discretionary duty, 339. Must be causal connection be

tween the negligence and the injury; contributory negligence, ? 340.

Master liable for servant,

341.

No defence that business was lawful, ? 342.

Negligent use of dangerous agencies indictable, 343.

Fire-arms and powder, 344.
Poison, 345.

Intoxicating liquors, 347.

Officers of railroads liable for death ensuing from their want of care, 348.

When there is duty there is liability, 349.

But duty must be specific, 350. Killing by negligently dropping

articles is manslaughter, 351. Liability of steamboat officers, 8 352.

Death produced by careless driv

ing is manslaughter, 353. Rapidity which puts horse out of

control is negligence, ? 354. Care to be that of prudent drivers, 355.

All concerned liable as principals,

356.

IV.

Letting loose noxious animals, 357.

Killing of helpless person by negligent act is manslaughter, ? 358.

Death of child by parent's negligent act is manslaughter, 359.

So as to master and apprentice

and master and servant, 360.
So of jailers and other guardians,
361.
Physicians responsible for lack of
ordinary diligence and skill,
? 362.

Not responsible if patient were
direct cause of injury, 363.
No difference between licensed
and unlicensed practitioner,
8 364.
Culpable ignorance imposes lia-
bility, 365.

Careless or ignorant use of danger

ous agencies is negligence, 366. Gratuitousness does not affect case, 367.

Apothecaries and chemists liable
on same principles, 368.
By persons running machinery
care must be exercised in pro-
portion to danger, 369.
So when death is caused by negli
gent desertion of post, § 370.
KILLING IN ATHLETIC SPORTS.
Prize-fighters liable for man-
slaughter in cases of non-mali-
cious killing, 371.
And so of participants in unlaw-
ful sports, 372.

But not so in lawful athletic
sports, 373.

In practical jokes responsibility attaches, 373 a.

V. CORRECTION BY PERSONS IN AUTHORITY.

Killing by undue correction is manslaughter, ? 374.

VI. STATUTORY DISTINCTIONS. Old English law indifferent to grades of guilt, § 375.

Analysis of statutes, 376. Pennsylvania and cognate statutes leave distinction between murder and manslaughter untouched, making specific intent to take life the general feature of murder in first degree, 8 377. “Wilful "

means

willed, 378.

In cases of doubt presumption is for murder in second degree, 8 392.

Common law indictment for mur

der sufficient to sustain either degree, 393.

Verdict should specify degree, 394. specifically VII. RIOTOUS HOMICIDES.

"Deliberate" to be regarded as

qualifying "killing," 379. "Premeditated" an essential incident, 380.

Facts from which premeditation may be inferred, & 381. Killing B. when intent was to kill C. is murder in the first degree, § 382.

Grade of homicide when the individual killed is one of a group generally attacked is determined by the general intent, 383.

Killing in perpetration of enu

merated felonies not necessarily murder in the first degree, 384.

And so of homicide by poison

and lying in wait, 385. Homicide incidental to unenumerated felony is manslaughter, 386.

Under the statutes "attempt" must be a substantive offence, ? 387.

Murder in second degree includes

murder where there was no specific intent to take life, 388.

Murder in drunkenness is mur

der in second degree, 389. Killing a woman with intent to produce abortion may be murder in the second degree, 390.

Murder in second degree a compromise courts unwilling to disturb, 391.

In cases of killing in war against government for private purposes indictment should be for murder, 395.

Co-rioters principals in riotous killing, 396.

But not in collateral crimes, 397.
Presence without intent to kill
involves manslaughter, 398.
Killing by lynch-law is murder in
first degree, 399.

If there be cooling-time, offence
may be murder, & 399 a.
Private persons may kill in sup-
pression of riot, ? 400.

VIII. HOMICIDE BY OFFICERS OF
JUSTICE.

Killing in obedience to warrant
justifiable, 401.

And so when necessary to effect
an arrest, 402.
Murder for officer intentionally
to kill a person flying from
civil arrest, 403.

Otherwise in respect to felonies,
8 405.

Killing by officer in prevention of

escape justifiable, 406.

So when necessary to preserve

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IX. HOMICIDE OF OFFICERS OF JUSTICE AND OTHERS AIDING

THEM.

Intentional killing of officer lawfully arresting is murder, 413. But manslaughter when arrest is illegal, 414.

Constables and policemen have

authority to arrest when public order is threatened, ? 415. Bailiff's powers limited to arrest, 8 416.

Officer executing process must be

within jurisdiction, 417.

Notice may be inferred from facts, 418.

If there be no notice, killing in self-protection is not murder, 8 419.

Warrant must be executed by party named or his assistant, € 420.

Warrant continues in force until

executed, ? 421.

Pursuer must show that felony

was committed, etc., ? 434. Private person may interfere to prevent crime, & 435. Indictment found, good cause of arrest by private person, 436. Railway officer may arrest misbehaving passenger, 437. Arrest for breach of peace illegal

without corpus delicti, 438. In cases of public disorder officers may enter houses to arrest, 439.

Private persons interfering to quell riots should give notice, ? 440.

Must be reasonable grounds to

justify arrest of vagrants, § 441. Time of execution of arrest, 8442.

Manslaughter when officers take

opposite parts, 443.

A. aiding B. in resisting is in the same position as B., ¿ 444.

Erroneous or blank warrant in- X. INFANTICIDE. operative, 422.

Falsity of charge no alleviation,

423.

Warrant without seal is void, 8424.

But not so as to informality not

amounting to illegality, 425. Warrant need not be shown, & 426. Arrest on charge of felony unlawful without warrant, ? 427. Arrest may be made during offence

without warrant, ? 428. For past offences limited to felonies and breaches of the peace, 8 429.

Killing of officer arresting on probable felony is murder, 430. Military and naval officers subject to same rules, 431. Persons aiding officers entitled to protection of officers, & 432. So as to private person lawfully arresting independently of officer, 433.

When death occurs before child has independent circulation, of fence is not homicide; otherwise when the child is born alive and dies after birth, 2 445.

Birth a question of fact, 446. Negligent exposure of children is manslaughter, 447.

XI. SUICIDE.

Surviving principal in suicide indictable for murder, & 448. At common law no conviction of

accessaries before the fact, 449. Killing when assisting in producing abortion, 450.

Consent of deceased no bar to

prosecution, 451. Killing another with his consent to avoid greater evil, ? 452. Killing another incidentally to suicide is manslaughter, 453. Attempt to commit suicide is misdemeanor, 454.

XII. PROVOCATION AND HOT BLOOD. Loss of self-control essential to

defence, 455.

Words of reproach no adequate provocation for an assault with intent to kill, & 455 a. When person is touched with apparent insolence, then provocation reduces degree, ? 456. Interchange of blows induced by insulting words reduces to manslaughter, 457.

A slighter provocation extenuates when intent is only to chastise, 8 458.

Husband in hot blood killing adulterer, guilty of manslaughter, & 459.

Same principle to be extended in cases of punishment, when in hot blood, of attacks on the chastity of persons under the rightful protection of defendant, & 460.

Killing to redress a public wrong is murder, 461.

A bare trespass on property not

an adequate provocation in cases of intentional killing, 8 462.

Exercise of a legal right no just

provocation, 463. Spring-guns illegal when placed on spots where innocent trespassers may wander, ? 464. For master of house knowingly to kill visitor is murder, ? 465. When such killing is in hot blood

it is manslaughter, ? 466. When such killing is in self-defence it is excusable, 467. Manslaughter to kill master of house expelling defendant with unnecessary violence, ? 468. Killing a person having legal right to enter room is murder, 469.

A blow is sufficient provocation when parties are equal, ? 470.

In sudden quarrels immaterial who struck the first blow, 8471.

But the blow must have been apparently intended, and naturally calculated to arouse the passions, 472.

Cool and deliberate use of disparity to kill is murder, 473. Malice implied from concealed weapon, & 474.

Where mortal blow was given

after deceased was helpless, offence is murder, ? 475. And so where attack was sought by person killing, ? 476. Question of continuance of old grudge is for jury, & 477. Malicious killing in another's quarrel is murder, but killing in hot blood is manslaughter, 8 478.

In interference by friends, hot blood extenuates in proportion to the nearness of the relationship, 479.

Cooling-time dependent upon circumstances, % 480.

Restraint or coercion is adequate provocation, & 481.

Killing in duel is murder, ? 482. And this extends to the seconds, 483.

XIII. EXCUSE AND JUSTIFICATION. 1. Repulsion of Felonious Assault, 484.

Force of defence to be propor-
tioned to force of attack,
8484.
Conflict provoked by defendant
is no defence, 485.
But where defendant withdraws

from such conflict, then his
right of self-defence revives,
2486.

Retreat is necessary when prac

ticable, 486 a.

Prior malice by defendant does not abrogate defence, § 486 b.

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