Odger's English Common Law

Chapter III.
MANSLAUGHTER.
Whoever causes the death of another without malice afore-
thought, express or implied, is guilty of manslaughter, unless
the circumstances excuse or justify the homicide. This is a
felony, punishable in extreme cases with penal servitude for
life. But it is a crime which involves very different degrees
of culpability—in some cases closely approaching murder, in
others being almost excusable. It cannot be tried at Quarter
Sessions.
All that was said about causing the death of another in
Chapter I. of this Book applies to manslaughter as well as
to murder ; the difference between these crimes turns on the
presence or absence of malice aforethought. Let us assume,
however, that there is no suggestion that the prisoner was
actuated by malice aforethought. The prosecution must in
the first place prove that the prisoner caused the death.
Then it will lie on him to satisfy the jury either
(i.) that, before he committed the fatal act, he had
received from the deceased grave provocation,
which deprived him for the moment of all power
of self-control, or
(ii.) that he never had any intention of killing or
injuring the deceased, but that the death was the
result of an accident, or was caused by no criminal
act or neglect on his part.
We may, therefore, treat the subject under two heads :
I. Intentional homicide where grave provocation was
given by the deceased.
II. Unintentional homicide, which occurs while the
accused was engaged either in doing a criminal act or
in negligently performing an act which is not criminal.
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