Manslaughter is included in the crime of murder and differs from murder in that the killing is done without malice aforethought and is either voluntary or involuntary.

The common law definition is as follows: Manslaughter is the unlawful killing of another without malice, express or implied, which may be either voluntary, upon a sudden heat, or involuntary, but in the commission of some unlawful act.48

The act causing the death must be of such character as to show a wanton or reckless disregard of the rights and safety of others.49

Statutory definitions: Manslaughter is the unlawful killing of a human being without malice, express or implied, and without any mixture of deliberation whatever. It must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible, or involuntary in the commission of an unlawful act, or a lawful act without due caution or circumspection.50

In cases of voluntary manslaughter, there must be a serious and highly provoking injury inflicted upon the person killing, sufficient to excite an irresistible passion, or an attempt by the person killed to commit a serious personal injury upon the person killing. The killing must be the result of that sudden, violent impulse of passion, supposed to be irresistible; for if there should appear to have been an interval between the assault or provocation given and the killing, sufficient for the voice of reason and humanity to be heard, the killing shall be attributed to deliberate revenge, and punished as murder.

47 Ooffman vs. Com., 10 Bush. (Ky.), 495; Daughdrill vs. State, 113 Ala., 7; State vs. Bantley, 44 Conn., 540; State vs. Edgerton, 100 Iowa, 63. 48 4 Blackstone Com., 191.

49 State vs. Dorsey, 118 Ind., 167.

50 111. Stat., Chap. 38, Sec. 143.

Involuntary manslaughter shall consist of the killing of a human being without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence, in an unlawful manner.