Homicide is excusable in the following cases:
- 1. When committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent.
- 2. When committed by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner.
R.L. 1910, § 2332; Amended by Laws 1985, HB 1021, c. 90, § 1, eff. November 1, 1985.