To constitute legal homicide, the death must result from injury to the person (as contradistinguished from causes operating upon the mind) occasioned by some act done by, or some unlawful omission chargeable upon, the party to whom such homicide is imputed. The terms " wil ful omission " apply to every case of non compliance with a legal obligation which the party may be under, to supply food, clothing, or to furnish any other assist ance, or to do any other act, for the sup port of life or for the prevention of injury to it. It is not homicide unless death take place within a year and a day after the injury ; or, in other words, it is not con sidered homicide when the party injured survives a whole year, exclusive both of the day of the injury and of the day of the death ; nor where the death is to be attributed to unskilful treatment, or other cause not resulting from or aggravated by the injury sustained.
The law of homicide applies to the killing of aliens, except alien enemies killed in war ; to felons, except when ex ecuted according to law ; and to persons outlawed, whether on civil or on criminal process. But a child in venter se mere (in its mother's womb) is not a subject of homicide, unless, subsequently to the in jury, it be born alive, and die. within a year and a day from its birth, from the injury received whilst unborn.
Criminal homicide is one of three kinds, murder, manslaughter, and self murder or suicide.
I. Murder is committed by : 1. Voluntary homicide, without cir cumstances of justification, excuse, or extenuation.
2. Involuntary homicide, resulting from the commission of a felony, or from an attempt to commit felony.
3. Homicide, whether voluntary or in voluntary, committed in unlaw fully resisting officers or ministers of the law, or other persons law fully acting for the advancement or in the execution of the law.
II. Manslaughter consists in : 1. Voluntary but extenuated homicide, committed in a state of provoca tion, arising from a sufficient cause.
2. Involuntary homicide, not excused as being occaeioned by mere mis adventure.
This second class may be subdivided into :— 1. Involuntary homicide, resulting from some act done, or from the wilful omission to do some act, with intent to occasion bodily harm.
2. Involuntary homicide, resulting from some wrongful act done to the person.
3. Involuntary homicide, in commit ting, or in attempting to commit, an offence attended with risk of injury to the person.
4. Involuntary homicide, resulting from some act done without due caution, or from the unlawful omission to do some act.
Homicide not criminal is : 1. Justifiable, as done for the advance ment or in the execution of the law ; or 2. Excusable, as done for the defence of person or property ; or because it has, without the fault of the party, become necessary for his preservation.
The offence is extenuated where the act, being done under the influence of sudden provocation, or of fear, or of alarm, which may, for the time, suspend or weaken the power of judgment and self-control, is attributable to transport of passion or defect of judgment so oc casioned, without any deliberate inten tion to kill or do great bodily harm ; regard still being had to the nature and extent of violence used by the party inflicting the injury which causes death, as compared with the cause of provo cation. The offence is not extenuated where the cause of provocation is slight, and the killing cannot be attributed to mere heat of blood arising from the pro vocation given.
Homicide is neither justified nor ex tenuated by reason of any consent given by the party killed, as in duels. [DUEL.] Homicide is justifiable where the act is done in a lawful manner, by an officer or other person lawfully authorized in execution of the sentence of a court of competent jurisdiction.
Homicide is justifiable where an officer of justice, or other person duly autho rized to arrest, detain, or imprison for any fekmy or for any dangerous wound given, and using lawful means for the purpose, cannot, otherwise than by kill ing, overtake the party in case of flight, or prevent his escape from justice ; pro vided the officer knew, or had reason to believe, that the party attempting to escape was aware that he was pursued for such felony or wound given.
Also, where any officer of justice, or other person lawfully executing in a lawful manner any civil or criminal pro cess, or interposing in a lawful manner for the prevention or suppression of any breach of the peace of other offence, is unlawfully and forcibly resisted, and using no more force than is necessary to overcome such resistance, happens to kill the party resisting ; or being, by reason of the violence opposed to him, under reasonable fear of death if he proceed to execute his duty, and because he can not otherwise both execute his duty and preserve his life, kills him who so re sists—in either of these cases the homicide is justifiable.