Section 30-2-5 - Excusable homicideHomicide is excusable in the following cases:
A. when committed by accident or misfortune in doing any lawful act, by lawful means, with usual and ordinary caution and without any unlawful intent; or B. when committed by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, if no undue advantage is taken, nor any dangerous weapon used and the killing is not done in a cruel or unusual manner. 1953 Comp., § 40A-2-6, enacted by Laws 1963, ch. 303, § 2-6.