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Manslaughter
ManslaughterCriminal law. The unlawful killing of another without malice either express or implied. The distinctions between manslaughter and murder, consists in the following. In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter. RELATED TERMS-------------------------------------- Criminal Relating to, or having the character of crime Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Unlawful That which is contrary to law. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Malice "Criminal law. A wicked intention to do an injury. It is not confined to the intention of doing an injury to any particular person, but extends to an evil design, a corrupt and wicked notion against some one at the time of committing the crime; as, if A intended to poison B, conceals a quantity of poison in an apple and puts it in the way of B, and C, against whom he had no ill will, and who, on the contrary, was his friend, happened to eat it, and die, A will be guilty of murdering C with malice aforethought. 2) Torts. The doing any act injurious to another without a just cause. Express That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum. Manslaughter Criminal law. The unlawful killing of another without malice either express or implied. The distinctions between manslaughter and murder, consists in the following. In the former, though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting in manslaughter. Murder "1) Pleadings. In an indictment for murder, it must be charged that the prisoner ""did kill and murder"" the deceased, and unless the word murder be introduced into the charge, the indictment will be taken to charge manslaughter only. Foster, 424; Yelv. 205; 1 Chit. Cr. Law, *243, and the authorities and cases there cited. Death Cessation of life; extinction of political existence. SIMILAR TERMS-------------------------------------- Mansion This term is synonymous with house. A portion only of a building may come under the description of a mansion-house. Manstealing This word is sometimes used synonymously with kidnapping. The latter is more technical. PREVIOUS AND NEXT TERMS-------------------------------------- Mankind Persons of the male sex; but in a more general sense, it includes persons of both sexes; for example, the statute of 25 Hen. VIII.,makes it felony to commit, sodomy with mankind or beast. Females as well as males axe included under the term mankind. Manner and form Pleading. After traversing any allegation in pleading, it is usual to say "in manner and form as he has in his declaration in that behalf alleged," which is as much as to include in the traverse, not only the mere fact opposed to it, but that in the manner and form in which it is stated by the other party. These words, however, only put in issue the substantial statement of the manner of tho fact traversed, and do not extend to the time, place, or other circumstances attending it, if they were not originally material and necessary to be proved as laid. Mannopus An ancient word which signifies goods taken in the hands of an ap- prehended thief. Manor Estates. This word is derived from the French manoir, and signifies, a house, residence, or habitation. At present its meaning is more enlarged, and includes not only a dwelling-house, but also lands. Mansion This term is synonymous with house. A portion only of a building may come under the description of a mansion-house. Manslaughter Manstealing This word is sometimes used synonymously with kidnapping. The latter is more technical. Manu forti With strong hand. This term is used in pleading in cases of forcible entry, and no other words are of equal import Manu opera This has the same meaning with mannopus. Manual That which is employed or used by the hand, of which a present profit may be made. Things in the manual occupation of the owner cannot be distrained for rent Manucaptio Practice. In the English law it is a writ which lies for a man taken on suspicion of felony and the like, who cannot be admitted to bail by the sheriff, or others having power to let to mainprise. 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