97-3-17 - Homicide; excusable homicide.
§ 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.
Sources: Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (3); 1857, ch. 64, art. 169; 1871, § 2632; 1880, § 2879; 1892, § 1153; 1906, § 1231; Hemingway's 1917, § 961; 1930, § 989; 1942, § 2219; Laws, 1985, ch. 380, eff from and after July 1, 1985.