 | New York (State). Commissioners of the Code, David Dudley Field - Criminal law - 1864 - 348 pages
...the commission of a misdemeanor ; 2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner or by...circumstances as constitute excusable or justifiable homicide ; 3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit... | |
 | New York (State) - Criminal law - 1865 - 652 pages
...the commission of a misdemeanor ; 2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner or by...circumstances as constitute excusable or justifiable homicide ; 3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit... | |
 | Marcus Tullius Hun - Law reports, digests, etc - 1893 - 724 pages
...the first degree, when committed without a design to effect death, either (1) * * * (2) in the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon" (§ 189). At the time of the killing, the defendant was within his own apartment, within the precincts... | |
 | New York (State) - Law - 1881 - 242 pages
...misdemeanor, affecting the person or property, either of the person killed, or of another ; or 2. In the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon. § 190. The willful killing of an unborn quick child, by any injury committed upon the person of the... | |
 | Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - Law reports, digests, etc - 1882 - 582 pages
...manslaughter in the first degree, when perpetrated without a design to effect death, and in a heat of passion, by means of a dangerous weapon, unless it is committed...circumstances as constitute excusable or justifiable homicide. " Here, then, you will discover the killing being admitted, as in the present case, it is not necessary... | |
 | Law reports, digests, etc - 1920 - 1148 pages
...homicide ie manslaughter in the first degree when perpetrated without a design to effect death and in the beat of passion, but in a cruel and unusual manner,...is committed under such circumstances as constitute justifiable homicide. "Refused. John H. Pitchford, Judge. "Defendant excepte." "From the definition... | |
 | Law reports, digests, etc - 1913 - 1154 pages
...is manslaughter in the first degree when perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or...is committed under such circumstances as constitute "(8) Both murder and manslaughter are unlawful killings. The distinction is that in murder there is... | |
 | Criminal law - 1922 - 624 pages
...manslaughter in the first degree, when committed without a design to effect death: * * * In the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon." We agree that the court's definition of manslaughter in the first degree was not complete. It is a... | |
 | New York (State) - Criminal law - 1884 - 1000 pages
...misdemeanor, affecting the person or property, either of the person killed, or of another ; or, 2. In the heat of passion, but in a cruel and unusual manner or by means of a dangerous weapon. 3 RS, 932, §§ 6, 15, 16; 2 RS (Edm.), 680, § 6. (a) Death from negligence. — Death caused by the... | |
 | Law reports, digests, etc - 1919 - 1024 pages
...was perpetrated without a design to effect the death of the deceased, but in a heat of passion and in a cruel and unusual manner, or by means of a dangerous weapon, then you will find the defendant guilty of manslaughter in the first degree, and so say by your verdict,... | |
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In the heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon. 
