1. _Murder_ is constituted in law by any wilful act causing the destruction of human life, whether plainly intended to kill, or displaying such utter and wicked recklessness as to imply a disposition depraved enough to be wholly regardless of the consequences. Murder may be the result of personal violence, poison, or by the committal of some other serious crime, as where anyone causes the death of a woman in the attempt to procure criminal abortion, rape, or by the exposure of an infant which results in its death. The use of weapons is not essential. 2. _Culpable Homicide._--The name applied in law to cases where the death of a person is caused or materially accelerated by improper conduct of another, and where the guilt does not come up to the crime of murder: (_a_) Intentional killing of another in circumstances implying neither murder on the one hand, nor justifiable homicide on the other--_e.g._ if a person exceed moderation in retaliation for an injury, or kill another when the danger to which he was exposed is passed. _Every charge of murder is held to conclude a charge of culpable homicide, and the jury, if they see cause, may find that culpable homicide only has been committed._ (_b_) Homicide, by the doing of any unlawful, or any rash and careless act, from which death results, though not foreseen as probable--_e.g._ using firearms in a public street, &c. (_c_) Homicide, resulting from negligence or rashness in the performance of a lawful duty--_e.g._ a signalman on a railway forgetting to alter the points, and thus causing a collision, and loss of life. In England this would amount to manslaughter. =Justifiable Homicide.=--Self-defence; hanging a prisoner properly sentenced to death; killing another to prevent murder, if prevention can avail in no other way. In self-defence, the person killing must be in _reasonable dread_ of death at the hand of his adversary. In England there is--1. Murder; 2. Manslaughter; 3. Justifiable Homicide. Murder, according to Lord Coke (3 Inst. 47), is constituted “where a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the King‘s peace, with malice aforethought, either expressed or implied.” In England the killing must be committed with malice aforethought. Malice may be expressed or implied. In Scotland malice aforethought is not necessary (5 Irv. 525, and 40 S.J. 92, and 5 S.L.R. 20).