Excusable homicide


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Related to Excusable homicide: Criminal homicide

EXCUSABLE HOMICIDE, crim. law. The killing of a human being, when the party killing is not altogether free from blame, but the necessity which renders it excusable, may be said to be partly induce by his own act. 1 East, P. C. 220.

References in periodicals archive ?
50) One who came to beat someone else or to take his goods could be killed in self-defense, but it was only an excusable homicide.
Selfridge, (70) the grand jury charge again made an express distinction between a justified homicide to prevent a felonious attack and excusable homicide to prevent a non-felonious attack.
Justifiable homicide deserved no punishment or condemnation; excusable homicide retained at least a shadow of suspicion "to caution men how they venture to kill another upon their own private judgment.
In the event of any reinstruction on manslaughter, the instructions on justifiable and excusable homicide as previously given should be given at the same time.
You can read the excusable homicide statutes that are present in many states today and immediately see the echoes of that 1532 Parliamentary act, such as California's excusable homicide statutes: "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.
The decision is 'a bit complicated, but among other concerns that the Idaho Supreme Court expressed was that this jury instruction was defective--that a person was not required to retreat out of one's home to take advantage of the excusable homicide defense.
In A Report on some proceedings on the commission for the trial of the rebels in the year 1746 in the county of Surry, and of other crown cases to which are added discourses upon a few branches of the crown law, Foster attempts to clarify--though certainly not to reverse--laws regarding justifiable and excusable homicides.