Legal Term Dictionary

The killing of any human creature 4 Bl. Comm. 177. The killing of one human being by the act, procurement, or omission of another. Pen. Code N. Y. s 179. The act of a human being in taking away the life of another human being. Sanders v. State, 113 Ga. More...

The killing of any human creature 4 Bl. Comm. 177. The killing of one human being by the act, procurement, or omission of another. Pen. Code N. Y. s 179. The act of a human being in taking away the life of another human being. Sanders v. State, 113 Ga. 267, 38 S. E. 842; People v. Hill, 49 Hun, 432, 3 N. Y. Supp. 564; Maher v. People, 10 Mich. 212, 81 Am. Dec. 781; State v. Lodge, 9 Houst. (Del.) 542, 33 AtL 312; Com. v. Webster, 5 Cush. (Mass.) 303, 52 Am. Dec. 711. Homicide is not necessarily a crime. It is a necessary ingredient of the crimes of murder and manslaughter, but there are other cases in which homicide may be committed without criminal intent and without criminal consequences, as, where it is done in the lawful execution of a judicial sentence, in self-defense, or as the only possible means of arresting an escaping felon. The term "homicide" is neutral; while it describes the act, it pronounces no judgment on its moral or legal quality.. See People v. Connors, 13 Misc. Rep. 582, 35 N. Y. Supp. 475. Classification. Homicide is ordinarily classified as "justifiable," "excusable," and "felonious." For the definition of these terms, and of some other compound terms, see infra. -Culpable homicide. Described as a crime varying from the very lowest culpability, up to the very verge of murder. Lord Moncrieff, Ark-ley, 72-Excusable homicide. The killing of a human being, either by misadventure or in self-defense. U. S. v. King (C. C.) 34 Fed. 306; State v. Miller, 9 Houst. (Del.) 564, 32 Atl. 137; State v. Reynolds. 42 Kan. 320, 22 Pac 410, 16 Am. St. Rep. ,483; Hopkinson v. People. 18 111. 265: Bassett v. State, 44 Fla; 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 judges it deserving of some little degree of punishment 4 Bl. Comm. 182. It is of two sorts,-either per infortunium, by misadventure, or se defendendo, upon a sudden affray. Homicide per infortunium 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 Bl. Comm. 182.-Felonious homicide. 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 Bl. Comm. 190; 4 Steph. Comm. 111.-Homicide by misadventure. The accidental killing of another, where the slayer is doing a lawful act unaccompanied by any criminally careless or reckless conduct. "State v. Miller. 9 Houst. (Del.) 564, 32 Atl. 137; U. S. v. Meagher (C. C.) 37 Fed. 879. The same as "homicide per infortunium."-Homicide per infortunium* Homicide by misfortune, or accidental homicide; as where a man doing a lawful act without any intention of hurt, unfortunately kills another; a species of excusable homicide. 4 Bl. Comm. 182; 4 Steph. Comm. 101.-Homicide se defendendo. Homicide in self-defense; the killing of a person in self-defense upon a sudden affray, where the slayer had no other possible (or, at least, probable) means of escaping from his assailant. 4 Bl. Comm. 183186; 4 Steph. Comm. 103-105. A species of excusable homicide. Id.; 1 Russ. Crimes, 660. -Justifiable homicide. Such as is committed intentionally, but without any evil design, and under such circumstances of necessity or duty as render the act proper, and relieve the party from any shadow of hlame; as where a sheriff lawfully executes a sentence of death upon a malefactor, or where the killing takes place in the endeavor to prevent the commission of felony which could aot be otherwise avoided. Moran v. People, 163 111. 382, 45 N. E. 230; Kilpatrick v. Com., 3 Phila. (Pa.) 238; State v. Miller, 9 Houst. (Del.) 564, 32 Atl. 137; Richardson v. State, 7 Tex. App. 493.-Negligent homicide. In Texas, the act of causing the death of another by negligence and carelessness in the performance of a lawful act. Anderson v. State, 27 Tex. App. 177, 11 S. W. 33, 3 L. R. A. 644, 11 Am. St. Rep. 189; Pen. Code Tex. art. 579. Less...

Lat. Homicide, (q. v.) Homicidium ex justitia, homicide in the administration of justice, or in the execution of the sentence of the law. Homicidium ex necessitate, homicide from inevitable necessity, as for the protection of one's person or property. Homicidium ex casu, homicide by accident. Homicidium ex voluntate, voluntary or More...

Lat. Homicide, (q. v.) Homicidium ex justitia, homicide in the administration of justice, or in the execution of the sentence of the law. Homicidium ex necessitate, homicide from inevitable necessity, as for the protection of one's person or property. Homicidium ex casu, homicide by accident. Homicidium ex voluntate, voluntary or willful homicide. Bract fols. 120b, 121. Less...

The mustering of men; the doing of homage.

The mustering of men; the doing of homage. Less...

A writ to take him that had taken any bond man or woman, and led him or her out of the country, so that he or she could not be replevied according to law. Reg. Orig. 79.

A writ to take him that had taken any bond man or woman, and led him or her out of the country, so that he or she could not be replevied according to law. Reg. Orig. 79. Less...

In old English law. A writ directed to a corporation, requiring the members to make choice of a man to keep one part of the seal appointed for statutes merchant, when a former is dead, according to tbe statute of Acton Burnell. Reg. Orig. 178; Wharton.

In old English law. A writ directed to a corporation, requiring the members to make choice of a man to keep one part of the seal appointed for statutes merchant, when a former is dead, according to tbe statute of Acton Burnell. Reg. Orig. 178; Wharton. Less...

In English law. A writ which lay to replevy a man out of prison, or out of the custody of any private person, in the same manner that chattels taken In distress may be replevied. Brown.

In English law. A writ which lay to replevy a man out of prison, or out of the custody of any private person, in the same manner that chattels taken In distress may be replevied. Brown. Less...

Lat. In feudal law. Men; feudatory tenants who claimed a privilege of having their causes, etc., tried only in their lord's court. Paroch. Antiq. 15. -Homines ligii. Liege men; feudal tenants or vassals, especially those who held immediately of the sovereign. 1 Bl. Comm. 367. Homlnum causa jns constitntnm est. More...

Lat. In feudal law. Men; feudatory tenants who claimed a privilege of having their causes, etc., tried only in their lord's court. Paroch. Antiq. 15. -Homines ligii. Liege men; feudal tenants or vassals, especially those who held immediately of the sovereign. 1 Bl. Comm. 367. Homlnum causa jns constitntnm est. Law is established for the benefit of man. Less...

In old English law. The maiming of a man. Blount.

In old English law. The maiming of a man. Blount. Less...

Fr. Man; a man. This term is defined by the Civil Code of Louisiana to include a woman. Article 3522, notes 1, 2.

Fr. Man; a man. This term is defined by the Civil Code of Louisiana to include a woman. Article 3522, notes 1, 2. Less...

Fr. In feudal law. Men of the fief; feudal tenants; the peers in the lords' courts. Montesq., Esprit des Lois, Mv. 28, c. 27.

Fr. In feudal law. Men of the fief; feudal tenants; the peers in the lords' courts. Montesq., Esprit des Lois, Mv. 28, c. 27. Less...