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The World's Best Orations, Vol. 1 (of 10) by Various
page 76 of 537 (14%)
draw his sword and immediately run the other through, that is but
manslaughter, for the peace is broken by the person killed and with
an indignity to him that received the assault. Besides, he that was
so affronted might reasonably apprehend that he that treated him in
that manner might have some further design upon him."

So that here is the boundary, when a man is assaulted and kills in
consequence of that assault, it is but manslaughter. I will just
read as I go along the definition of assault:--

(1 Hawkins. ch. 62, section 1): "An assault is an attempt or offer, with
force or violence, to do a corporal hurt to another, as by striking
at him with or without a weapon, or presenting a gun at him at such
a distance to which the gun will carry, or pointing a pitchfork at
him, or by any other such like act done in angry, threatening
manner, etc.; but no words can amount to an assault,"

Here is the definition of an assault, which is a sufficient
provocation to soften killing down to manslaughter:--

(1 Hawkins, ch. 31, section 36): "Neither can he be thought guilty of a
greater crime than manslaughter, who, finding a man in bed with his
wife, or being actually struck by him, or pulled by the nose or
filliped upon the forehead, immediately kills him, or in the defense
of his person from an unlawful arrest, or in the defense of his
house from those who, claiming a title to it, attempt forcibly to
enter it, and to that purpose shoot at it," etc.

Every snowball, oyster shell, cake of ice, or bit of cinder, that
was thrown that night at the sentinel, was an assault upon him;
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