5579. MURDER, Excusable.—
Excusable homicides are in some cases not quite unblamable.
These should subject the party to marks
of contrition; viz., the killing of a man in defence
of property; so also in defence of one's
person, which is a species of excusable homicide;
because, although cases may happen
where these are also commendable, yet most
frequently they are done on too slight appearance
of danger; as in return for a blow, kick,
fillip, &c., or on a person's getting into a house,
not animo furandi, but perhaps veneris causa,
&c. Excusable homicides are by misadventure,
or in self-defence.—
Note to Crimes Bill. Washington ed. i, 152.
Ford ed., ii, 209.
(1779)
