The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-11-15

~ ~ also usual 70 Include IN murder OF
the hIst degree murder perpetrated in
committing or attempting TO commit GER
tain specified felonies, ordinarily rape,
arson, robbery and burglary; to which are
added larceny in Arkansas and Tennes.
see; mayhem in Maryland, Iowa, Colo
RADIO and Idaho; sodomy in New Jersey
i Ksn., New any yo 9sheI felony 0nyusi@
murder committed in the preparation of
any felony; in Delaware murder COM
mitted in the preparation of any crime
punishable with death; in Maine and
Massachusetts, murder committed in the
perpetration of any crime punishable by
death or imprisonment for life or for any
term of years.
But none of specifications included
in the two preceding paragraphs are en-
bodied in the definitions given in the
statutes of Florida and Minnesota.
In Nebraska, ''if any person by willful
anu corrupt perjury. or by subornation of
the same, shall purposely procure the con.
viction and execution of any innocent per.
son." he is guilty of murder in the nrst
degree.
In New York. the definition given in.
cludes killing by an act imminently dan.
gerous to others, and evincing depraved
mind, regardless of human life. although
without premeditated design to effect the
death OF any individual.
The Massachusetts, code contains the
following unique provision: Murder
committed with extreme atrocity or
cruelty is murder of the first degree"
In nearly all the states which distinguish
between murder In the first and second de-
grees. murder In the second degree is de-
fined by exclusion, and includes all MUIR
ders not expressly declared to be of the
first degree.
In Florida and New Mexico, murder
"perpetrated by an act imminently danger
Gus to Others" ETC.. which in New York is
murder in the first degree, is declared to
be murder in the second degree
The statutes of New York, the District
OF Columbia. Indiana, Minnesota. Nebras-
ka. Kansas. Washington and Oregon pro-
vide that where the element of delibera-
ton and generalization is wanting, even
though that of malice be present, the act
of homicide shall be murder in the second
degree.
In Oregon, murder perpetrated in com.
uniting or attempting to commit any fell
ony other than rape, arson, robbery or
burglary is declared TO be murder in the
second degree.
In New Mexico there are two varieties
OF murder in the second degree, with diff
ferent minimum and maximum penalties.
Besides that already mentioned, there is
also murder perpetrated in the commits
sion OF any felony, which. rs We have seen,
is in New York murder in the first degree.
any act imminently dangerous" etc., is
murder in the third degree.
In Florida and Wisconsin, murder per-
petrated in the commission of any felony
is murder in the third degree.
Murder in the third, fourth and fifth de-
grees as defined by the statutes of New
Mexico. will here be classed with man
slaughter.
The common statutory definition of
granddaughter is 1.-THE killing of human
being without malice" the word ''unlaw-
full" being understood where it is not ex-
pressed.
1t is so defined in the District of Column
bia, South Carolina, Indiana, Tennessee,
Colorado, Arizona, Utah, Idaho and Cali
fornia.
To the foregoing Characterization is
added in Georgia, Illinois, Arkansas, Mon
tana and Nevada, without deliberations"
in Maine. Sin the heat of passion, on
sudden prOvocation;" in Nebraska and
Wyoming, upon a sudden quarrel"
The definition given in Texas is "volun-
tary homicide committed under the inn
mediate influence of sudden passion,
arising from an adequate cause, but
neither justified nor excused by law"
Another turn is given to the definition
in Mississippi, where manslaughter is
said TO be the killing of a human being,
without malice, while such other is en-
gagged in committing or attempting to
commit any felony other than rape. burg
larry, arson or robbery, or any crime or
misdemeanor not amounting to felony.
Manslaughter is defined by exclusion.
and includes all homicides not expressly
declared to be murder. in New York. Ohio
and Minnesota.
1t is defined by degrees. or as voluntary
and involuntary, in New Hampshire,
Florida, Indiana, Wisconsin, Missouri,
Kansas. Dakota and Oregon.
In NcSC cp,to L.
Island, Connecticut, New jersey. Penn
sylvania, Delaware. Maryland. Virginia,
West Virginia, North Carolina Michigan.
Iowa. Kentucky and Louisiana 1t is not
defined.
The definition given in Wyoming in
cludes killing sin the heat OF passion. by
means OF dangerous weapon, or in a
cruel and inhuman manner" and killing
without malice, either upon a sudden
quarrel, or unintentIonally. or by any
culpabie neglect or criminal carelessness."
Criminal carelessness. where il results in
the death of a human being, is ordinarily
manslaughter, though the statutes of
some states make it murder where the
neglect is heinously culpsbe or the prob
ability of great disaster very great.
Voluntary manslaughter Is recognized
but not defined in Pennsylvania the Dis
trict of Columbia, Virginia, West Virginia
and Kentucky.
.
see, Texas. Arkansas. Montana, Colorado,
Arizona, Utah, Nevada, Idaho. Washing
ton and Calitornia-it is described as aris-
ing from q sudden quarrel or sudden heat
of passion. In Arkansas, Montana and
Nevada this passion must be due to prov
ocation apparently sufficient to render it
irresistible; in Texas, it must arise from
an adequate cause.
Voluntary manslaughter is known in
New Mexico under the name of murder in
the third degree.
Involuntary manslaughter is punishable
by law only in two cases: Q) Where it is
committed in the preparation of an un-
lawful act: CD where it occurs in the
commission OF a lawful act, but IS the re-
suit OF criminal carelessness.
Both these forms of involuntary man.
slaughter are specified in the definitions
contained in the statutes of Georgia. Ar
kansas, Colorado and Nevada. Both are
also recognized in Texas, Montana, Ariz-
ona. Utah. Idaho and California. but the
unlawful act must be an act not amount
ing 10 felony. In Texas, involuntary
manslaughter is called negligent homi-
eide; and il is divided into two degrees.
of which the first is m the commission of
lawful and the second of an unlawful
act.
Both are also specified in New Mexico,
where involuntary III anslaughter is known
under the name of murder in the fourth
degree.
In Pennsylvania and Washington, the
definition given includes only manslaugh-
ter perpetrated in the commission OF an
unlawful act.
The definition given in Kentucky is As
h.. ball f,-fl