manslaughter

The unjustifiable, inexcusable and intentional killing of a human being without deliberation, premeditation and malice. State v. Banister, Mo.App., 512 S.W.2d 843, 845.

The unlawful killing of a human without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection. Wallace v. U. S., 162 U.S. 466, 16 S.Ct. 859, 40 L.Ed. 1039.

Criminal homicide constitutes manslaughter when:

(a) it is committed recklessly; or

(b) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be. Model Penal Code, No. 210.3.

The heat of passion, which will reduce a murder to manslaughter, must be such passion as would be aroused naturally in the mind of the ordinary reasonable person under the same or similar circumstances, as shown by the evidence in the case.

See also adequate cause; assault with intent to commit manslaughter; hot blood; negligent manslaughter; sudden heat of passion.

There are various types or degrees of manslaughter recognized by federal and state statutes:

@ involuntary manslaughter

Such exists where a person in committing an unlawful act not felonious or tending to great bodily harm, or in committing a lawful act without proper caution or requisite skill, unguardedly or undesignedly kills another. Model Penal Code, No. 210.3(lXa); 18 U.S.C.A. No. 1112

Compare accidental killing.

+ involuntary manslaughter

The unlawful killing of a human being in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner, or without due caution and circumspection. An unlawful homicide, unintentionally caused by an act which constitutes such disregard of probable harmful consequences to another as to constitute wanton or reckless conduct. Com. v. McCauley, 355 Mass. 554, 246 N.E.2d 425, 428.

See also manslaughter

@ voluntary manslaughter

Manslaughter committed voluntarily upon a sudden heat of the passions; as if, upon a sudden quarrel, two persons fight, and one of them kills the other. Model Penal Code, No. 210.3(lXb); 18 U.S.C.A. No. 1112.

It is the unlawful taking of human life without malice and under circumstances falling short of willful, premeditated, or deliberate intent to kill and approaching too near thereto to be justifiable homicide. The absence of intention to kill or to commit any unlawful act which might reasonably produce death or great bodily harm is the distinguishing feature between voluntary and involuntary homicide

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