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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.
