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" When committed by accident and misfortune, in lawfully correcting a child or servant, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; 2. "
The Works of William H. Seward - Page 639
by William Henry Seward - 1853
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The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...

Oliver Lorenzo Barbour - 1841 - 834 pages
...dangerous weapon being used, and not done in a cruel or unusual manner.(a) 1st. Of homicide committed by accident and misfortune, in lawfully correcting...ordinary caution, and without any unlawful intent.] The provision of the statute respecting the correction of a child or servant is in accordance with...
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Historia Placitorum Coronae: The History of the Pleas of the Crown, Volume 1

Sir Matthew Hale - 1847 - 784 pages
...lawfully suppressing any riot ; or in lawfully keeping and preserving the peace. Sec. 4. Such homicide is excusable when committed — 1. By accident and misfortune in lawfully correcting a child or servant; or in do^ng any other lawful act by lawful means with usual and ordinary caution, and without any unlawful...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 1855 - 670 pages
...committed : Excusable 1. By accident and misfortune, in lawfully correcting a child orhomlclde8servant; or in doing any other lawful act, by lawful means,...accident and misfortune in the heat of passion, upon any sadden and sufficient provocation, or upon a sudden combat, without any undue advantage having been...
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Three Years on the Kansas Border

John McNamara - 1856 - 252 pages
...either of the following cases : First, in lawfully correcting a child, apprentice, servant, or slave, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without unlawful intent ; or, Second, in the heat of passion, upon any sudden or sufficient provocation, or...
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General Laws of the Territory of Kansas

Kansas - 1859 - 726 pages
...or misfortune in either of the following cases : First, in lawfully correcting a child, apprentice, servant, or in doing any other lawful act by lawful...means, with usual and ordinary caution, and without unlawful intent : or, Second, In the heat of passion, upon any sudden or sufficient provocation, or...
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 3

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 808 pages
...procurement, or omission of another, is excusable homicide, when committed by accident in doiug any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent ; or when committed in the heat of passion upon any sudden and sufficient provocation, or upon a sudden...
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Acts and Resolutions of the General Assembly of the State of Florida

Florida - 1868 - 272 pages
...preserving the peace. Excusable SEC. 6. Such homicide is excusable when committed by aceiluuncide. ^^ anij misfortune, in lawfully correcting a child or servant,...ordinary caution, and without any unlawful intent, or by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or...
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A Practical Treatise Upon the Criminal Law and Practice of the State of New ...

John H. Colby - 1868 - 796 pages
...excusable: 1st. By accident and misfortune in lawfully convicting a child or servant, or in doing any other act by lawful means with usual and ordinary caution, and without any unlawful intent.8 This is what was known to the common law, as homicide by accident, or ptrinfortuniam (sometimes,...
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The Penal Code of California, Volume 4

California - 1872 - 698 pages
...morning or afternoon." — Id. 195. Homicide is excusable in the following cases: 1. When committed by accident and misfortune, in lawfully correcting...ordinary caution, and without any unlawful intent. / 2. When committed by accident and misfortune, in the heat of passion, npbn. any sudden and sufficient...
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Reports of Decisions in Criminal Cases Made at Term at Chambers ..., Volume 5

Amasa Junius Parker - 1872 - 720 pages
...either of the statutory definitions of excusable homicide. Homicide is excusable : First When committed by accident and misfortune in lawfully correcting a child or servant, or doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful...
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