If a person meets his death merely by accident, of course there can be no criminal responsibility against any one. For instance, where a man is doing a lawful act, and without intention of hurt, unfortunately kills another, as when a man at work with a hatchet and the head flies off and kills a bystander, or where a person qualified to keep a gun is shooting at mark, and undesignedly kills a man, the effect is merely accidental, for the act is lawful.78

So if a man intending to kill a thief or housebreaker in his own house by mistake kills one of his own family this is no criminal act.79

So if one not in fault is unlawfully assaulted by another and pushes him away with reasonable force only, causing the assailant to fall upon a lighted lamp from which he received burns resulting in death, such killing is accidental.80

So, also, if a person acting in the necessary defense of himself, shoots at his assailant and kills an innocent bystander, the killing is not a criminal act if the assault was such as would justify him in killing his assailant. The killing is misadventure.81

Suicide being the killing of one's self the impossibility of punishing for the act is apparent. But any one who aids, advises or assists another to slay himself will be guilty of murder if the person influenced by and acting upon such advice kills himself.82

77 West vs. State, 59 Ind., 113; Campbell vs. Com., 88 Ky., 402; In re Neagle, 135 U. S., 1; Hathaway vs. State, 32 Fla., 186; 4 Blackstone Com., 186; State vs. Milton, 102 Mo., 683.

78 4 Blackstone Com., 182; 3 Greenl.

Ev. Sec. 116.

79 4 Blackstone Com., 27, 181.

80 State vs. Trusty, 1 Pen. (Del.), 319.

81 Butler vs. State, 92 Ga.,' 601;

Hart vs. Com., 85 Ky., 77; 4 Blackstone Com., 27-181.