Mississippi Code

Miss. Code Ann. § 97-3-17 (2026)

Homicide; excusable homicide

✓ current as of July 2026

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The killing of any human being by the act, procurement, or omission of another shall be excusable:

(a) When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent;

(b) When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation;

(c) When committed upon any sudden combat, without undue advantage being taken, and without any dangerous weapon being used, and not done in a cruel or unusual manner.

Codes, Hutchinson's 1848, ch. 64, art. 12, Title 3 (3); 1857, ch. 64, art. 169; 1871, § 2632; 1880, § 2879; 1892, § 1153; 1906, § 1231; Hemingway's 1917, § 961; 1930, § 989; 1942, § 2219; Laws, 1985, ch. 380, eff. 7/1/1985.

Notes of Decisions

Cited in 73 cases (13 in the last 5 years), 1974–2026 · leading case: Montana v. State, 822 So. 2d 954 (Miss. 2002).

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Montana v. State, 822 So. 2d 954 (Miss. 2002). · cites it 5× “Montana argues that he has presented evidence sufficient to create a jury question on the defense of accident or misfortune pursuant to Miss.Code Ann. § 97-3-17 (2000), which provides: The killing of any human being by the act, procurement, or omission of another shall be…”

Clayton v. State, 106 So. 3d 802 (Miss. 2012). · cites it 12× “Miss.Code Ann. § 97-3-17 (Rev.2006). The jury was given Instruction D-4A.”

Brown v. State, 39 So. 3d 890 (Miss. 2010). · cites it 6× “Miss.Code Ann. § 97-3-17 (Rev.2006). Brown was relying on subsection (b) of this statute, based on his testimony.”

Nicholson on Behalf of Gollott v. State, 672 So. 2d 744 (Miss. 1996). · cites it 6× “" Miss. Code Ann. § 97-3-17 (1994). The State argues that suicide is unlawful at common law.”

Sheila Ealey v. State of Mississippi, 158 So. 3d 283 (Miss. 2015). · cites it 8× “]” Miss.Code Ann. § 97-3-17 (Rev. 2014). If the jury finds that a killing occurred by accident or misfortune while doing “a lawful act by lawful means with usual and ordinary caution and without any unlawful intent,” then it is considered “excusable homicide” and is not…”

Thibodeaux v. State, 652 So. 2d 153 (Miss. 1995). · cites it 6× “Miss. Code Ann. § 97-3-17 provides for the offense of excusable homicide: The killing of any human being by the act, procurement, or omission of another shall be excusable: (a) When committed by accident and misfortune in doing any lawful act by lawful means, with usual and…”

Miller v. State, 677 So. 2d 726 (Miss. 1996). · cites it 16× “Both D-9 and D-10 were excusable homicide instructions which the lower court refused, stating that Miss. Code Ann. § 97-3-17 , the statute dealing with excusable homicide, does not extend to homicides committed during the course of an unlawful act or to homicides committed with…”

Windham v. State, 520 So. 2d 123 (Miss. 1987). · cites it 5× “Under Miss. Code Ann. § 97-3-17 (Supp. 1986), killing a human being is excusable: § 97-3-17.”

Grace Ann McCarty v. State of Mississippi, 247 So. 3d 260 (Miss. Ct. App. 2017). · cites it 4× “” See Miss. Code Ann. § 97-3-17 (a)-(b) (Rev. 2014).”

Chinn v. State, 958 So. 2d 1223 (Miss. 2007). · cites it 4× “Miss.Code Ann. § 97-3-17 (Rev.2006) provides in relevant part: The killing of any human being by the act, procurement, or omission of another shall be excusable: (a) When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary…”

O'bryant v. State, 530 So. 2d 129 (Miss. 1988). · cites it 7× “This instruction was no doubt based upon Miss. Code Ann. § 97-3-17 (a): § 97-3-17.”

Jackson v. State, 815 So. 2d 1196 (Miss. 2002). · cites it 3× “Miss.Code Ann. § 97-3-17 (2000) provides for three scenarios in which a homicide shall be excusable: (a) When committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; (b) When committed by…”

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— Miss. Code Ann. § 97-3-17(a) — 12 cases

Sheila Ealey v. State of Mississippi, 158 So. 3d 283 (Miss. 2015). “]” Miss.Code Ann. § 97-3-17 (Rev. 2014). If the jury finds that a killing occurred by accident or misfortune while doing “a lawful act by lawful means with usual and ordinary caution and without any unlawful intent,” then it is considered “excusable homicide” and is not…”

Montana v. State, 822 So. 2d 954 (Miss. 2002). “Montana argues that he has presented evidence sufficient to create a jury question on the defense of accident or misfortune pursuant to Miss.Code Ann. § 97-3-17 (2000), which provides: The killing of any human being by the act, procurement, or omission of another shall be…”

Gilbert v. State, 934 So. 2d 330 (Miss. Ct. App. 2006).

Robinson v. State, 35 So. 3d 524 (Miss. Ct. App. 2009).

Rogers v. State, 994 So. 2d 792 (Miss. Ct. App. 2008).

— Miss. Code Ann. § 97-3-17(b) — 16 cases

Clayton v. State, 106 So. 3d 802 (Miss. 2012). “Miss.Code Ann. § 97-3-17 (Rev.2006). The jury was given Instruction D-4A.”

Evans v. State, 797 So. 2d 811 (Miss. 2000).

Brown v. State, 39 So. 3d 890 (Miss. 2010). “Miss.Code Ann. § 97-3-17 (Rev.2006). Brown was relying on subsection (b) of this statute, based on his testimony.”

Walden v. State, 29 So. 3d 17 (Miss. Ct. App. 2008).

— Miss. Code Ann. § 97-3-17(c) — 1 case

Shirley v. State, 942 So. 2d 322 (Miss. Ct. App. 2006).

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