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To: woodpusher

“Attribution of the term human creature to Black’s Law Dictionary is premeditated bullshit”

https://thelawdictionary.org/manslaughter/

Unless the law dictionary.org is lying, I gave you a copy/paste situation just like I did for the rest using the same organization. I’ll offer to you a suggestion:
Find out where the information came from at the site used then you can discuss the wording. I don’t disagree with all you are saying in your entry. But I don’t discuss anything with people calling me a liar with the term bullshit. And your opinion throughout your entry holds just as much water as mine does.

Wy69


35 posted on 06/28/2022 9:08:19 PM PDT by whitney69
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To: whitney69
“Attribution of the term human creature to Black’s Law Dictionary is premeditated bullshit”

https://thelawdictionary.org/manslaughter/

Unless the law dictionary.org is lying, I gave you a copy/paste situation just like I did for the rest using the same organization. I’ll offer to you a suggestion:

Find out where the information came from at the site used then you can discuss the wording. I don’t disagree with all you are saying in your entry. But I don’t discuss anything with people calling me a liar with the term bullshit. And your opinion throughout your entry holds just as much water as mine does.

https://thelawdictionary.org/manslaughter/

MANSLAUGHTER Definition & Legal Meaning

Definition & Citations:

In criminal law. The unlawful killing of another without malice, either express or implied; which may be either voluntarily, upon a sudden heat, or involuntarily, but in the commission ofsomo unlawful act 1 Hale, P. C. 400 ; 4 Bl. Comm. 191. Manslaughter is the unlawful killing of a human creature without malice, either express or implied, and without any mixture of deliberation whatever; which may be voluntary, upon a sudden heat of passion, or involuntary, in the commission of an unlawful act, or a lawful act without due caution and circumspection. Code Ga. 1882.

You listed your article source as "Black's Law Dictionary". Three times in your text, in your definitions of Manslaughter, Murder 1 and Murder 2, you explicitly listed your source as "Black's Law Dictionary." You did not cite or link to thelawdictionary website. Unfortunately you were unable to correctly read the material at that website.

I have a suggestion for you. Learn to give correct attributions. If you are going to cite Black's Law Dictionary as your source, use Black's Law Dictionary. The website, thelawdictionary is not Black's Law Dictionary. Also, if you do not know what a citation means, learn it or don't make believe and use it. 4 Bl. Comm. 191 is NOT a citation to Black's Law Dictionary. It is a citation to Blackstone's Commentaries on the English Common Law, Volume 4, page 191 (1770).

Homicide is indeed the topic at 4 Bl. Comm 191, 4th Ed., Oxford (1770). I do not see it on that page of the 1st Ed., 1753. If one is making believe that they are giving a definition of United States law, perhaps they should cite law from after the United States came into existence.

The citation to 1 Hale, P. C. 400 is a mistaken reading of 1 Hale, P.C. 466 as cited by Blackstone. Your internet source got within 66 pages of correct. It refers to Matthew Hale (b. 1609, d. 1676) Historia Placitorum Coronæ: The History of the Pleas of the Crown.

1 Hale, P. C. 466 states,

CHAP. XXXVIII.

Of manslaughter, and particularly of manflaughter exempt from clergy, by the statute of I Jac. 8.

Manslaughter, or simple homicide, is the voluntary killing of another without malIce express or implied, and differs not in substance of the fact from murder, but only differs in these ensuing circumstances.

1. In the degree of the offense, murder being aggravated with malice presumed or implied, but manslaughter not, and therefore in manslaughter there can be no accessaries before.

2. In the form of the indicment, the former being always felonicè ex malitiâ præcogitatâ interfecit & murdravit, the latter only felonicè interfecit.

3. In the point of clergy, murder being by the statute of 23 H. 8, cap. 1. exempt from the benefit of clergy, but not manslaughter.

...

The 1882 Code of Georgia defined Manslaughter at §4324 on page 1134 of Part IV.

§4324. (4258.) (4221.) Manslaughter. Manslaughter is the unlawful killing of a human creature, without malice, either express or implied, and without any mixture of any deliberation whatever, which may be voluntary, upon a sudden heat of passion, or involuntary, in the commission of an unlawful act, or a lawful act, without due caution and circumspection.

That is 19th century law, not current law, nor is it Black's Law Dictionary, by any stretch of the imagination.

To get the Georgia Code from the current century,

2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 5 - Crimes Against the Person
Article 1 - Homicide
§ 16-5-2. Voluntary Manslaughter

Universal Citation: GA Code § 16-5-2 (2020)

A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.

A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.

- - - - - - - - - -

But I don’t discuss anything with people calling me a liar with the term bullshit.

I did not call you a liar. I said your attribution of your definitions to "Black's Law Dictionary" was bullshit. It was. It is now clear that you did not even look at any edition of Black's Law Dictionary.

And your opinion throughout your entry holds just as much water as mine does.

My material came from the sources I cited. Yours did not come from your cited "Black's Law Dictionary." You did not even look at Black's Law Dictionary. You misrepresented a website citing "4 Bl. Comm. 191" (Blackstone's Commentaries on the English Common Law) as Black's Law Dictionary.

Your claims, purporting to be from Black's Law Dictionary, are from 17th, 18th and 19th century sources, none of them Black's Law Dictionary.

36 posted on 06/29/2022 12:23:53 AM PDT by woodpusher
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