Such homicide is excusable when committed, "1. By accident and misfortune, in lawfully correcting a child or servant; or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; or, "2. By accident... The Works of William H. Seward - Page 651by William Henry Seward - 1853Full view - About this book
| New York (State) - Law - 1829 - 882 pages
...committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace. S 4. Such homicide is excusable when committed, 1. By accident...provocation, or upon a sudden combat, without any undue advantage being taken, and without any dangerous weapon be- AaT - '• ing used, and not done in a... | |
| Oliver Lorenzo Barbour - Criminal law - 1841 - 834 pages
...be justifiable homicide, but manslaughter.(z) Excusable homicide is where one person kills another: 1. By accident and misfortune, in lawfully correcting...provocation, or upon a sudden combat, without any undue advantage being taken, and without ch. 63, § 11. (y) 1 Kale's PC 484. 1 East's PO (1) 1 Rusi. on Cr.... | |
| Sir Matthew Hale - Criminal law - 1847 - 774 pages
...committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace. Stc 4. Such homicide is excusable when committed— 1. By...provocation, or upon a sudden combat, without any undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or usual... | |
| Sir Matthew Hale - Pleas of the crown - 1847 - 784 pages
...committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace. See. 4. Such homicide is excusable when committed— 1. By...misfortune in lawfully correcting a child or servant; or in douig any other lawful act by lawful means with usual and ordinary caution, and without toy unlawful... | |
| None - History - 1856 - 242 pages
...either of the following cases : First, in lawfully correcting a child, apprentice, servant, or slave, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without unlawful intent ; or, Second, in the heat of passion, upon any sudden or sufficient provocation, or... | |
| New York (State). Commissioners of the Code, David Dudley Field - Criminal law - 1864 - 358 pages
...by the preceding provisions. g 260. Homicide is excusable in the following cases: 1. When committed by accident and misfortune, in lawfully correcting...ordinary caution, and without any unlawful intent; 2. When committed by accident and misfortune in the heat of passion, upon any sudden and sufficient... | |
| New York (State). Commissioners of the Code, David Dudley Field - Criminal law - 1864 - 372 pages
...the preceding provisions. <§ 260. Homicide is excusable in the following cases: 1. When committed by accident and misfortune, in lawfully correcting...ordinary caution, and without any unlawful intent; 2. When committed by accident and misfortune in the heat of passion, upon any sudden and sufficient... | |
| John H. Colby - Criminal law - 1868 - 796 pages
...excusable: 1st. By accident and misfortune in lawfully convicting a child or servant, or in doing any other act by lawful means with usual and ordinary caution, and without any unlawful intent. 2 This is what was known to the common law, as homicide by accident, or ptrinfortuniam (sometimes,... | |
| Oliver Lorenzo Barbour - Criminal law - 1883 - 840 pages
...any other lawful act, by lawful means with ordinary caution, and without any unlawful intent, 61, 62. in the heat of passion, upon any sudden and sufficient provocation, or upon firing a pistol or gun into a crowd or highway, 63. indictment, 68 to 72. evidence, 72 to 75. HOPS,... | |
| Criminal law - 1885 - 392 pages
...excusable.—Homicide is excusable when committed by accident and misfortune, in lawfully correcting 1 a child or servant, or in doing any other lawful act, by lawful means, with ordinary caution, and without any unlawful intent. Correction. Stateu. Harris, 63N. C.,1. SeeS 223,... | |
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