2. Involuntary homicide, resulting • from the commission of a felony, or from an attempt to commit felony.
S. Homicide, whether voluntary or involuntary, committed in unlawfully resisting officers or ministers of the law, or other persons lawfully acting for the advancement or in the execu tion of the law.
II. Manslaughter consists in : 1. Voluntary but extenuated homicide, committed in a state of provocation, arising from a sufficient cause.
2. Involuntary homicide, not excused as being occasioned by mere misadventure. This second class may be subdivided into 1. Involuntary homicide, resulting frdm 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 committing, 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 advancement 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 neces sary for his preservation.
The offence is extenuated where the • act, being done under the influence of excitement from 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 occasioned, without any deliberate intention 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 provocation. The offence is not extenuated where, the cause of provocation being but slight, a return is made so excessive and disproportionate, that the killing cannot be attributed to mere heat of blood arising from the provocation given.
Homicide is neither justified nor extenuated by reason of any consent given by the party killed, as in cases of duels.
Homicide is justifiable, where the act is done in a lawful manner, by an officer or other person lawfully authorised, in execution of the sentence of a court of competent jurisdiction.
Homicide is justifiable, where an officer of justice, or other person duly authorised to arrest, detain, or imprison for any felony or for any dangerous wound given, and using lawful means; for the purpose, cannot, otherwise than by killing, overtake the party in case of flight, or prevent his escape from justice ; provided the officer knew, or had reason to believe, that the party attempting to escape was aware that ho 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 process, or other authority for the advancement of the law, or interposing in a lawful manner for the 'prevention or suppression of any breach of the peace or 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 cannot otherwise both execute his duty and preserve his life, kills him whose resists—in either of these cases the homicide is justifiable.
Homicide is also justifiable, when necessary for preventing the perpetration of any felony attempted to be committed by violence or surprise against person, habitation, or property ; and Acre one, in defence of movable property in his lawful possession, using no more force than is necessary for the defence of such property against wrong, happens to kill the assailant; or being, from the violence of the assailant, under a reasonable and bond fide apprehension that he cannot otherwise both defend his property and preserve his life, kills the assailant ; also where one in lawful possession of house or land, after requesting another, who has no right to bo there, to depart, is resisted, and using no more force than is necessary to remove such wrong-doer and retain his possession, happens to kill such wrong-doer; or being, from the violence with which such wrong-doer endeavours to deprive him of possession under reasonable and bond fide apprehension that he cannot otherwise both maintain possession and preserve his life, kills such wrong-doer.