| California, Carter Pitkin Pomeroy - Civil law - 1901 - 668 pages
...that given by most writers on criminal law. Thus Wharton divides excusable homicide into two kinds: 1. Where a man doing a lawful act, without any intention of hurt, by accident kills another; as, for instance, where a man is hunting in a park and unintentionally kills... | |
| Daniel Stephen - Common law - 1905 - 428 pages
...518-9.) See Unlawful Possession, page 316. DEATH BY MISADVENTURE.— Death' by misadventure arises where, a man doing a lawful act, without any intention of hurt, unfortunately kills himself or another. mitted by any person who, by unlawful violence to, or restraint of the body of,... | |
| Charles Leonard-Stuart - Encyclopedias and dictionaries - 1912 - 646 pages
...Excusable homicide is committed either by misadventure or in self-defense. Homicide by misadventure is where a man doing a lawful act, without any intention of hurt, and using proper precaution to prevent danger, unfortunately kills another ; as when a man is at work... | |
| Law - 1914 - 894 pages
...infortunium (by misadventure) ; (2) where it is se defendendo (in self-defense). Homicide by misadventure is where a man, doing a lawful act, without any intention of hurt, and without negligence, unfortunately kills another; as where a man is at work with a hatchet and,... | |
| Augustin Derby - Criminal law - 1923 - 856 pages
...species of homicide are distinct, and then wherein they agree. Homicide per infortunium or misadventure is where a man, doing a lawful act without any intention of hurt, unfortunately kills another ; as where a man is at work with a hatchet, and the head thereof flies off and kills a stander-by ;... | |
| Gary Kleck - Social Science - 2005 - 530 pages
...other type is "homicide by misadventure" or "homicide per infortunium" — accidental killings "as where a man doing a lawful act, without any intention of hurt, unfortunately kills another." Thus the accidental killing of one person by another, in the absence of criminal negligence, is one... | |
| Stewart Rapalje, Robert L. Lawrence - Canon law - 1997 - 1450 pages
...EXCUSABLE HOMICIDE.— Thisis of two sorts, either per infortunium, by misadventure, or se defendendo, upon a. sudden affray. Homicide, per infortunium,...manslaughter,, and not misadventure. Homicide, se defeadendo, is where a man kills another (Mass.) 208, 274. (478) EXECUTE. upon a sudden affray, merely... | |
| Henry James Holthouse - Law - 1999 - 504 pages
...a principle of ho- self-preservation. Homicide per inSuch forlunium,OTmisadventure,is when a man in doing a lawful act, without any intention of hurt, unfortunately kills another; as when a man is at work with a hatchet, and the head flies off and kills a bystander ; or when a person... | |
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