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; provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner.
Justifiable homicide by officers.s. 263, Pen. C.
§ 6463. Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:
1. In obedience to any judgment of a competent court; or,
2. When necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; or,
3. When necessarily committed in retaking felons who have been rescued, or who have escaped, or when necessarily committed in arresting felons fleeing from justice.
Justifiable homicide by other persons.s. 264, Pen. C.
§ 6464. Homicide is also justifiable when committed by any person in either of the following cases:
1. When resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is; or,
2. When committed in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress or servant, when there is a reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished; or,
3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.
CHAPTER 18.
MAIMING.
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Section. 6465. Maiming defined, 6466. Maiming one's self. 6467. Same to obtain alms. 6468. What injury is maiming. 6469. What constitutes disfigurement. |
Section. 6470. Design to maim inferred. 6471. Premeditated design. 6472. Subsequent recovery. 6473. Punishment for maiming. |
s. 265, Pen. C.
§ 6465. Every person who, with premeditated design to injure another, inflicts upon his person any injury which disfigures his personal appearance, or disables any member or organ of his body, or seriously diminishes his physicial vigor, is guilty of maiming.
Maiming one's self.s. 266, Pen. C.
§ 6466. Every person who, with design to disable himself from performing any legal duty, existing or anticipated, inflicts upon himself any injury whereby he is so disabled, is guilty of maiming.
Same.s. 267, Pen. C.
§ 6467. Every person who inflicts upon himself any injury Same. such as if inflicted upon another would constitute maiming, with intent to avail himself of such injury, to excite sympathy, or to obtain alms, or any charitable relief, is guilty of maiming.
What injury is maiming.s. 268, Pen. C.
§ 6468. To constitute maiming it is immaterial by what means or instrument, or in what manner the injury was inflicted.
What constitutes disgorgement.s. 269, Pen. C.
§ 6469. To constitute maiming by disfigurement the injury must be such as is calculated, after healing, to attract observation. A disfigurement which can only be discovered by close inspection does not constitute maiming.
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