{"id":2815,"date":"2018-05-10T19:24:32","date_gmt":"2013-05-12T14:23:00","guid":{"rendered":"http:\/\/legaldictionary.lawin.org?p=2815"},"modified":"2018-05-10T19:24:32","modified_gmt":"2013-05-12T14:23:00","slug":"manslaughter","status":"publish","type":"post","link":"https:\/\/legaldictionary.lawin.org\/manslaughter\/","title":{"rendered":"Manslaughter"},"content":{"rendered":"

Legal Definition and Related Resources of Manslaughter<\/h1>\n
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Meaning of Manslaughter<\/h3>\n<\/div>\n

The unlawful<\/a> killing of a human being without any malice<\/a> , either express<\/a> or implied<\/a> . See Stevenson v United States<\/a> , 162 U.S. 313, 16 S.Ct. 839, 40 L.Ed. 980. Not a degree of murder<\/a> but a distinct offense<\/a> in which malice and premeditation<\/a> are not involved. Also been said that it is a residual offense, not falling within definitions of murder in the first or second degree or excusable<\/a> or justifiable<\/a> homicide<\/a> . See state<\/a> v utter<\/a> , 479 P.2d 946, 4 Wash.App. 137. Also, State v Brewster, (Mo.App.)525 S. W.2d 427. under<\/a> the federal<\/a> Code (18 U.S.C. §1112) the term is defined as the unlawful killing of a human being without malice. Then classified into two kinds namely<\/a> : 1. voluntary<\/a> – upon a sudden quarrel or heat of passion<\/a> ; and 2. involuntary<\/a> in the commission<\/a> of an unlawful act not amounting to a felony<\/a> or in the commission in an unlawful manner, or without due caution<\/a> and circumspection, of lawful<\/a> act which might<\/a> produce<\/a> death<\/a> .
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Manslaughter Alternative Definition<\/h3>\n<\/div>\n

Manslaughter is homicide committed without excuse or justification, and without malice aforethought, expressed or implied. 1 Hawk. P. C. c. 30, §§ 2, 3; Steph. Dig. Crim. Law, art. 223. Voluntary manslaughter is an intentional homicide in sudden passion or heat of blood caused by reasonable provocation, and not with malice aforethought. 1 Hale, P. C. 466. To constitute voluntary manslaughter, (1) the killing must be intentional; (2) it must be without malice; (3) the provocation must be so great as to reasonably excite passion in an ordinary man, and cause him to act rashly and without reflection, and so immediate as not to afford reasonable cooling time. Involuntary manslaughter is homicide committed unintentionally, but without excuse, and not under such circumstances as to raise the implication of malice. 23 Iowa, 154; 62 Mich. 29. It may arise (1) from the doing of a criminal act not amounting to a felony, nor naturally tending to cause death or great bodily harm; (2) from the doing of a lawful act vdth gross negligence; (3) from the omission to perform a legal duty under circumstances showing gross negligence. By statutes in the various states, the degrees of manslaughter and the elements of each degree have been variously altered.
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Synonyms of Manslaughter<\/h3>\n<\/div>\n

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noun<\/em><\/h4>\n