Idaho Statutes
§ 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.
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Related
State v. Anderson
352 P.2d 972 (Idaho Supreme Court, 1960)
State v. Koho
423 P.2d 1004 (Idaho Supreme Court, 1967)
State v. Tiffany
88 P.3d 728 (Idaho Supreme Court, 2004)
Haxforth v. State
786 P.2d 580 (Idaho Court of Appeals, 1990)
State v. Long
423 P.2d 858 (Idaho Supreme Court, 1967)
State v. McNair
108 P.3d 410 (Idaho Court of Appeals, 2005)
State v. Pennell
701 P.2d 289 (Idaho Court of Appeals, 1985)
Planned Parenthood Great Northwest v. State
(Idaho Supreme Court, 2023)
Legislative History
[I.C., sec. 18-4012, as added by 1972, ch. 336, sec. 1, p. 931.]
Nearby Sections
15
§ 18-1001
COMMON BARRATRY§ 18-1002
PROOF OF COMMON BARRATRY§ 18-1003
PURCHASE OF EVIDENCE OF DEBT§ 18-1005
EXCEPTION TO PRECEDING SECTION§ 18-101
DEFINITION OF TERMS§ 18-101A
DEFINITIONS§ 18-101B
CRIMINAL LAWS APPLICABLE TO OUT-OF-STATE PRISONERS AND PERSONNEL OF PRIVATE CORRECTIONAL FACILITIES§ 18-102
SUFFICIENCY OF INTENT TO DEFRAUD§ 18-103
CIVIL REMEDIES PRESERVED§ 18-105
COURTS MAY PUNISH FOR CONTEMPT§ 18-106
COURT TO IMPOSE PUNISHMENT