the unlawful killing of another person without premeditation or so-called "malice
aforethought" (an evil intent prior to the killing). It is distinguished from murder
(which brings greater penalties) by lack of any prior intention to kill anyone or
create a deadly situation. There are two levels of manslaughter voluntary and involuntary.
Voluntary manslaughter includes killing in heat of passion or while committing a
felony. Involuntary manslaughter occurs when a death is caused by a violation of
a non-felony, such as reckless driving (called "vehicular manslaughter"). Examples
Eddy Hothead gets into a drunken argument in a saloon with his acquaintance Bob
Bonehead, and Hothead hits Bonehead over the head with a beer bottle, causing internal
bleeding and death. Brent Burgle sneaks into a warehouse intent on theft and is
surprised by a security man, whom Burgle knocks down a flight of stairs, killing
him. Both are voluntary manslaughter. However, if either man had used a gun, a murder
charge is most likely since he brought a deadly weapon to use in the crime. The
immediate rage in finding a loved one in bed with another followed by a killing
before the passion cools usually limits the charge to voluntary manslaughter and
not murder, but prior attacks could convince a District Attorney and a jury that
the killing was not totally spontaneous. Lenny Leadfoot drives 70 miles per hour
on a twisting mountain road, goes off a cliff and his passenger is killed in the
crash. Leadfoot can be charged with involuntary manslaughter.
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