MANSLAUGHTER. In Criminal Law. The unlawtul killing of another without malice either express or implied. 4 Blackstone, Comm. 190 ; 1 Hale, Pl. Cr. 466.
The distinction between manslaughter and mur der consists in the following. In the former, thongb the act whioh occasions the death be unlawful, or likely to be attended with bodily miachief, yet the malice, either express or implied, which is tbe vary essence of murder, is presumed to be wanting in manslaughter. 1 East, Pl. Cr. 218; Foster, 290; 5 Cush. Mass. 304.
It also differs from murder in this, that there can he no necessaries before the fact, there baying been no time for premeditation. 1 Hale, Pl. Cr. 437; 1 Russell, Crimes, 485.
Involuntary manslaughter is such as hap pens without the intention to inflict the injury.
Voluntary manslaughter is such as hap pens voluntarily or with an intention to pro duce the injury.
2. Homicide may become manslaughter in consequence of provocation ; mutual com bat ; in case of resistance to public officers, etc.; killing in the prosecution of an unlaw ful or wanton act ; or killing in the prosecu tion of a lawful act improperly performed, or performed without lawful authority.
3. The provocation which reduces the killing from murder to manslaughter is an answer to the presumption of malice, which the law raises in every case of homicide : it is, therefore, no answer when express malice is proved. 1 Russell, Crimes, 440 ; Foster, 132 ; 1 East, Pl. Cr. 239. And to be available the provocation must have been reasonable and recent; for no words or slight provocation will be sufficient, and if the party has had time to cool, malice will be inferred. 3 Wash. C. C. 515 ; 4 Penn. St. 264 ; 2 N. Y. 193 ; 25 Miss. 383 ; 3 Gratt. Va. 594 ; 6 Blackf. Ind. 299 •, 8 Ired. No. C. 344 ; 18 Ala. rt. s. 720; 15 Ga. 223 5 10 Humphr. Tenn. 141 ; 1 Carr. & K. 556 ; 5 Carr. & P. 324 ; 6 How. St.
Tr. 769 ; 17 id. 57 5 1 Leach, Cr. Cas. 4th ed. 151.
4. In cases of mutual combat, it is gene rally manslaughter only, when one of the parties is killed. J. Kel. 58, 119 ; 4 Dev. & B. No. C. 191 • 1 Jones, No. C. 280 5 2 Carr. & K. 814. When death ensues from duel ling, the rule is different; and such killing is murder.
The killing of an officer by resistanee to him while acting under lawful authority is murder ; but if the officer be acting under a void or illegal authority, or out of his juris diction, the killing is manslaughter, or ex cusable homicide, according to the circum stances of the case. 1 Mood. Cr. Cas. 80, 132 ; 1 Hale, Pl. Cr. 458 ; 1 East, Pl. Cr. 314 ; 2 Stark. Nisi P. Cas. '205.
5. Killing a person while doing an act of mere wantonness is manslaughter : as, if a person throws down stones in a coal-pit, by which a man is killed, although the offender was only a trespasser. Lew. Cr. Cas, 179.
When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to man slaughter. For instance, if the death has been occasioned by negligent driving. 1 East, Pl. Cr. 263 ; 1 Carr. & P. 320; 6 id. 129. Again, when death ensues from the gross negligence of a medical or surgical prao titioner, it is manslaughter. It is no crime for any to administer medicine; but it is a crime to administer it so rashly and care lessly, or with such criminal inattention, as to 'produce death; and in this respect there is no difference between the most regular prac titioner and the greatest quack. 1 Fost. & F. 519, 521 ; 3 Carr. & K. 202; 4 Carr. & P. 440 ; 1 Bennett & H. Lead. Crim. Cas. 46— 48. And see 6 Mass. 134; 1 Hale, PI. Cr. 429; 3 Carr. & P. 632.