Under English law at the time, death during a duel was murder. However, it was rarely prosecuted.
In 1624, I believe the colonies followed English common law and hence a murder was committed. That the murder was not prosecuted does not reclassify it; rather it represents an acknowledgement that a jury conviction was almost impossible to obtain under those circumstances.
Thanks for the info.
That’s why I live here at FR.
After Vice President Aaron Burr (D-NY) killed Alexander Hamilton in a duel, he was wanted for murder (but never brought to justice).
Thanks for putting up info that is likely most correct here. Lots of corrections are still needed.