In case of, mutual combat, it is generally manslaughte'r only, when one of the parties is killed; State v. Curry, 46 N. C. 280; 2 C. & K. 814. When death ensues from duel ling, the rule is different ; and such killing is murder.
The killing or assaulting of a relative is held a sufficient provocation to reduce the killing of the wrongdoer to manslaughter ; Collins v.' U. S., 150 U. S. 62, 14 Sup. Ct. 9, 37 L. Ed. 998 ; State v. Horn, 116 N. C. 1037, 21 S. E. 694.
The killing of an officer by resistance to him while acting under lawful authority is murder; Whart. Cr. L. § 413; but see State V. Scheele, 57 Conn. 307, 18 Atl. 256, 14 Am. St. Rep. 106 ; but if the officer be acting un der a void or illegal authority, or out of his jurisdiction, the killing will be man slaughter, or excusable homicide, according to the circumstances of the case ; 1 Mood. Cr. Cas. 80, 132 ; 1 Hale, Pl. Cr. 458; Creigh ton v. Com., 84 Ky. 103, 4 Am. St. Rep. 193 ; Jones v. State, 26 Tex. App. 1, 9 S. W. 53, 8 Am. St. Rep. 454.
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 ; MALA PROHIBITA ; or where a person in an other's charge, too feeble to take care of her self, dies from lack of proper food, nursing, and medical attention, the latter is guilty of manslaughter ; [1893] 1 Q. B. 450.
When death ensues from the performance of a lawful act, it may, in consequence of the negligence of the offender, amount to manslaughter. For instance, if the death had been occasioned by negligent driving ; 1 East, Pl. Cr. 263; 1 C. & P. 320; 6 id. 129 ; or by negligently running an engine and thereby causing a collision by which a pas senger is killed ; State v. Dorsey, 118 Ind. 167, 20 N. E. 777, 10 Am. St. Rep. 111. Again, when death ensues from the gross negligence of a medical or a surgical practitioner, it is manslaughter.
It is no crime for any one to administer medicine ; but it is a crime to administer it so rashly and carelessly, or with such criminal inattention, as to produce death ; Whart. Cr. L. § 346 ; and in this respect there is no difference between the regular practi tioner and the quack ; 4 C. & P. 440; 1 B. & H. Lead. Cr. Cas.. 46; State v. Gile, Wash. 12, 35 Pac. 417.
Voluntary manslaughter is an offence in volving moral turpitude within the meaning of a code specifying as a ground for divorce the conviction of either party of an offence involving moral turpitude ; Holloway v. Hol loway, 126 Ga. 459, 55 S. E. 191, 7 L. R. A. (N. S.) 272, 115 Am. St. Rep. 102, 7 Ann. Cas. 1164. For a definition of "moral turpi tude" see DEPORTATION.