18-4012. EXCUSABLE HOMICIDE. Homicide is excusable in the following cases:
1. When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.
2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat when no undue advantage is taken nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.
History:
[I.C., sec. 18-4012, as added by 1972, ch. 336, sec. 1, p. 931.]
Structure Idaho Code
Title 18 - CRIMES AND PUNISHMENTS
Section 18-4001 - MURDER DEFINED.
Section 18-4002 - EXPRESS AND IMPLIED MALICE.
Section 18-4003 - DEGREES OF MURDER.
Section 18-4004 - PUNISHMENT FOR MURDER.
Section 18-4004A - NOTICE OF INTENT TO SEEK DEATH PENALTY.
Section 18-4005 - PETIT TREASON ABOLISHED.
Section 18-4006 - MANSLAUGHTER DEFINED.
Section 18-4007 - PUNISHMENT FOR MANSLAUGHTER.
Section 18-4009 - JUSTIFIABLE HOMICIDE BY ANY PERSON.
Section 18-4011 - JUSTIFIABLE HOMICIDE BY OFFICER.
Section 18-4012 - EXCUSABLE HOMICIDE.
Section 18-4013 - DISCHARGE OF DEFENDANT WHEN HOMICIDE JUSTIFIABLE OR EXCUSABLE.
Section 18-4014 - ADMINISTERING POISON WITH INTENT TO KILL.