manslaughter 音标拼音: [m'ænsl
, ɔtɚ]
n . 杀人,一般杀人罪
杀人,一般杀人罪
manslaughter n 1 :
homicide without malice aforethought Manslaughter \
Man "
slaugh `
ter \,
n .
1 .
The slaying of a human being ;
destruction of men .
--
Milton .
[
1913 Webster ]
2 . (
Law )
The unlawful killing of a man ,
either in negligence or incidentally to the commission of some unlawful act ,
but without specific malice ,
or upon a sudden excitement of anger .
[
1913 Webster ]
MANSLAUGHTER ,
crim .
law .
The unlawful killing of another without malice either express or implied .
4 Bl .
Com .
190 1 Hale ,
P .
C .
466 .
The distinctions between manslaughter and murder ,
consists in the following .
In the former ,
though the act which occasions the death be unlawful ,
or likely to be attended with bodily mischief ,
yet the malice ,
either express or implied ,
which is the very essence of murder ,
is presumed to be wanting in manslaughter .
1 East ,
P .
C .
218 Foster ,
290 .
2 .
It also differs from murder in this ,
that there can be no accessaries before the fact ,
there having been no time for premeditation .
1 Hale ,
P .
C .
437 ;
1 Russ .
Cr .
485 .
Manslaughter is voluntary ,
when it happens upon a sudden heat ;
or involuntary ,
when it takes place in the commission of some unlawful act .
3 .
The cases of manslaughter may be classed as follows those which take place in consequence of ,
1 .
Provocation .
2 .
Mutual combat .
3 .
Resistance to public officers , &
c .
4 .
Killing in the prosecution of an unlawful or wanton act .
5 .
Killing in the prosecution of a lawful act ,
improperly performed ,
or performed without lawful authority .
4 .-
1 .
The provocation which reduces the killing from murder to manslaughter is an answer to the presumption of malice which the law raises in every case of homicide ;
it is therefore no answer when express malice is proved .
1 Russ .
Cr ,
440 ;
Foster ,
132 ;
1 East ,
P .
C .
239 ;
and to be available the provocation must have been reasonable and recent ,
for no words or slight provocation will be sufficient ,
and if the party ,
has had time to cool ,
malice will be inferred .
5 .-
2 .
In cases of mutual combat ,
it is generally manslaughter only when one of the parties is killed .
When death ensues from duelling the rule is different ,
and such killing is murder .
6 .-
3 .
The killing of an officer by resistance to him while acting under lawful authority is murder ;
but if the officer be acting under a void or illegal authority ,
or out of his jurisdiction ,
the killing is manslaughter ,
or excusable homicide ,
according to the circumstances of the case .
1 Moody ,
C .
C .
80 ,
132 ;
1 Hale ,
P .
C .
458 ;
1 East ,
P .
C .
314 ;
2 Stark .
N .
P .
C .
205 ;
S .
C .
3 E .
C .
L .
R .
315 .
7 .-
4 .
Killing a person while doing an act of mere wantonness ,
is manslaughter as ,
if a person throws down stones in a coal -
pit ,
by which a man is killed ,
although the offender was only a trespasser .
Lewin ,
C .
C .
179 .
8 .-
5 .
When death ensues from the performance of a lawful act ,
it may ,
in consequence of the negligence of the offender ,
amount to manslaughter .
For instance ,
if the death has been ,
occasioned by negligent driving .
1 East ,
P .
C .
263 ;
1 C . &
P .
320 S .
C .
9 E .
C .
L .
R .
408 ;
6 C . &
P .
629 ;
S .
C .
25 E .
C .
L .
R .
569 .
Again ,
when death ensues ,
from the gross negligence of a medical or surgical practitioner ,
it is manslaughter .
1 Hale ,
P .
C .
429 ;
3 C . &
P .
632 ;
S .
C .
14 E ,
C .
L .
R .
495 .
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