Homicide - Law Dictionary Search Results

Home Dictionary Name: homicide

homicide

homicide [Latin homicidium, from homo human being + caedere to cut, kill] 1 : a person who kills another 2 : the killing of one human being by another compare manslaughter, murder criminal homicide : homicide committed by a person with a criminal state of mind (as intentionally, with premeditation, knowingly, recklessly, or with criminal negligence) deliberate homicide : homicide caused purposely and knowingly used in Montana excusable homicide : homicide that is committed by accident or misfortune by a person doing a lawful act by lawful means with usual and ordinary caution and without any unlawful intent and that is excused under the law with no criminal punishment imposed ;also : justifiable homicide in this entry felonious homicide : homicide committed without justification homicide by misadventure : homicide that occurs as the result of an accident caused by a person doing a lawful act with no unlawful intent justifiable homicide : homicide that is committed in self-...

Necessity, homicide by

Necessity, homicide by, a species of justifiable homicide, because it arises from some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligence in the party killing, and therefore without any shadow of blame. As, for instance, by virtue of such an office as obliges one, in the execution of public justice, to put a malefactor to death who has forfeited his life to the laws of his country; but to kill a man in order to eat him, and so escape death by hunger, is murder, see Reg. v. Duldey, (1884) 14 QBD 273; and JUSTIFIABLE HOMICIDE....

Misadventure, excusable homicide by

Misadventure, excusable homicide by, also termed homicide per infortunium; it arises where a man, doing a lawful act, without any intention of hurt, unfortunately kills another, as where a person is at work with a hatchet, and the head of it files off and kills a by stander, or is shooting at a mark and undesignedly kills a man, for the act is lawful, and the effect is merely accidental. So where a parent is moderately correcting a child, a master his apprentice or scholar, or an officer punishing a criminal, and happens to occasion his death, it is only misadventure, for the act of correction was lawful; but if he exceeds the bounds of moderation, either in the manner, the instrument, or the quantity of punishment, and death ensue, it is manslaughter at lest, and in some cases, according to the circumstances murder: immoderate correction being unlawful, Fost. 275....

Justifiable homicide

Justifiable homicide, the killing of a human creature without incurring any legal guilt. It is of various kinds:-(1) The due execution of public justice, inputting a malefactor to death who has forfeited his life by the laws of his country.(2) It may be committed for the advancement of public justice, as in the following instances: (a) Where an officer or his assistant, in the due execu-tion of his office, either in a criminal or civil case, arrests, or attempts to arrest, a person who resists and who is killed in the struggle. (b) In case of a riot or rebellious assembly, officers endeavouring to disperse the mob are justified in killing them, both at Common Law and by the (English) Riot Act (1 Geo. 1, c. 5). (g) Where the prisoners in a gaol assault the galore or officer, and he in his defence kills any of them; it is justifiable for the sake of preventing an escape. (d) Where an officer or his assistant, in the due execution of his office, arrests, or attempts to arrest, a person fo...

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Homicide - Law Dictionary Search Results

homicide

Necessity, homicide by

Misadventure, excusable homicide by

Justifiable homicide

Infortunium, homicide per

Excusable Homicide

vehicular homicide

reckless homicide

negligent homicide

justifiable homicide