Excusable homicide by misadventure.
1. Excusable homicide by misadventure occurs when:
(a) A person is doing a lawful act, without any intention of killing, yet unfortunately kills another, as where a man is at work with an ax and the head flies off and kills a bystander; or
(b) An officer punishing a criminal happens to occasion death, which acts of correction are lawful.
2. If the officer exceeds the sentence under which he acts, either in the manner, the instrument, or quantity of punishment, and death ensues, it is manslaughter or murder, according to the circumstances of the case.
Last modified: February 25, 2006