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Manslaughter is 'The unlawful killing of another without malice either express or implied'. 'Involuntary manslaughter, that is, the killing of another without malice and unintentionally in negligently doing an act lawful in itself and in the negligent omission to perform a legal duty'. Because a manslaughter charge is 'without malice' and 'involuntary' it may be contended that a party cannot be indicted legally as an accessory before the fact. The argument is that manslaughter being a sudden and unpremeditated crime inadvertent and unintentional by its very nature cannot be 'maliciously' incited before the crime is committed. 

Everyone must agree that there can be no accessory before the fact when a killing results from a sudden and unpremeditated blow, but it may not be broadly stated that premeditation is inconsistent with every charge of manslaughter. Manslaughter may consist, among other things, of doing an unlawful act resulting in unintentional killing, such as violation of motor vehicle laws or administration of drugs to procure an abortion. Manslaughter is likewise committed if an unintentional killing is occasioned by gross negligence in the doing of an act lawful in itself. 

There is no inherent reason why, prior to the ...

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