Homicide

Collier's New Encyclopedia (1921)

the killing of any human being. Homicide is of three kindsjustifiable, excusable, and felonious. The first has no stain of guilt; the second very little; but the third is the highest crime that man is capable of committing against a fellow - creature. Justifiable homicide is of various kinds, including such as arise from unavoidable necessity or accident without any imputation of blame or negligence in the person killing. Homicide in the course of justice, in the execution of any criminal or civil process, is of this kind. The necessity must, however, be real and apparent in all cases of this sort. Homicide is justiflable in the prevention of any atrocious crime, as an attempt to murder, or to break into a house during the night. Justiftable homicide does not apply to crimes which are unaccompanied by violence, such as the picking of pockets, etc. The general principle of the law is, that when a crime in itself capital is endeavored to be committed by force, it is lawful to repel that force by the death of the party attempting it. Excusable homicide is committed either by misadventure or in self-defense. Homicide by misadventure is where a man doing a lawful act, without any intention of hurt, and using proper precaution to prevent danger, unfortunately kills another; as when a man is at work with a hatchet, the head flies off and kills a bystander; for the act is lawful, and the effect is merely accidental. As prize - fighting and sword - playing are unlawful, if either of the parties engaged be killed, such killing is felony or manslaughter. Homicide in self - defense, from a sudden affray or quarrel, is rather excusable than justifiable in the English law. Felonious homicide is an act of a very different character from the two former, being the killing of a human creature, of any age or sex, without justification or excuse. It is divided into three classes-murder, manslaughter, and selfdestruction.