Page:United States Statutes at Large Volume 76A.djvu/549

–453– -453§ 1155. Construction with other laws This article does not aflfect any provision of the United States Internal Revenue Code of 1954, or any successor thereto, relative to the sending, carriage, transportation, or delivery of marihuana from the Canal Zone into a State, territory, the District of Columbia, or insular possession of the United States. CHAPTER 61—HOMICIDE 8«c.

1181. 1182. 1183. 1184. 1185. 1186. 1187. 1188. 1189. 1190. 1191. 1192. 1193.

Murder defined. Malice defined. Degrees of murder. Injury to or obstruction of Canal or locks causing death. Punishment for murder. Manslaughter defined and classified. Punishment for manslaughter. Time of death as element; computation. Proof of corpus delicti. Excusable homicide. Justifiable homicide. Acquittal on showing of justification or excuse. Burden of establishing mitigation or justification upon trial for murder.

§ 1181. Murder defined Murder is the unlawful killing of a human being with malice aforethought. § 1182. Malice defined Malice, as referred to by section 1181 of this title, may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned or malignant heart. § 1183. Degrees of murder (a) Murder which is: (1) perpetrated by means of poison, lying in wait, torture, or by other willful, deliberate, or premeditated act; or (2) committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, mayhem, or any act punishable pursuant to section 543 of this title— is murder of the first degree. (b) All other kinds of murder are of the second degree. § 1184. Injury to or obstruction of Canal or locks causing death Whoever, in violating section 1591 of this title, commits an act that causes the death of a person within a year and day thereafter, is guilty of murder, and shall be punished accordingly. § 1185. Punishment for murder Whoever is guilty of murder in the first degree shall suffer death, or, if there be extenuating circumstances, confinement in the penitentiary for life; and whoever is guilty of murder in the second degree shall be imprisoned in the penitentiary not less than 10 years. § 1186. Manslaughter defined and classified JVianslaugrhter is the unlawful killing of a human being without malice. It is of two kinds: (1) voluntary: upon a sudden quarrel or heat of passion; and (2) involuntary: in the commission of an unlawful act not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner or without due caution and circumspection.

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