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Categories: Criminal Law

Definition (1910 Edition)

18 Ill. 265: Baasett v. State, 44 Fa: 2, 33 South. 264. The name itself imports some fault, error, or omission, so trivial, however, that the law excuses it from guilt of felony, though in strictness it sudnes it deserving of some little degree of punishment. 4 Bl. Comm. It is of two sorts,—either per infortunium, by misadventure, or se defendendo, upon a sudden affray. Homicide per tnfortunium is where a man, doing a lawful act. without any intention of hurt, unfortunately kills another; but, if death ensue from any unlawful act, the offense is manslaughter, and not misadventure. Homicide se defendendo is where a man kills another upon a sudden affray, merely in his own defense, or in defense of his wife, child, parent, or servant, and not from any vindictive feeling. 4 BI. Comm. 182.—Felonious homieide. The wrongful killing of a human being, of any age or either sex. without justification or excuse in law; of which offense there are two degrees, manslaughter and murder. 4 BI.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.