Excusable Homicide Law and Legal Definition

Exusable homicide is a killing that is found not to have the required intent to amount to murder, due to justifying or unusual circumstances. It is a crime governed by state laws, which vary by state. For example, an excusable homicide may be committed by public officers and those acting by their command in their aid and assistance to carry out a court order, or in the discharge of any other legal duty, or to capture fleeing or escaping felons. The following is a state statute dealing with excusable homicide:

SEC. 97-3-17. Homicide; excusable homicide.

The killing of any human being by the act, procurement, or omission of another shall be excusable:

(a) When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent;

(b) When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation;

(c) When committed upon any sudden combat, without undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner.