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The term "murder" means a premeditated or preplanned killing of another person. You may be thinking of unintentional homicide, which could range from manslaughter by culpable negligence to justifiable homicide. In the case of the latter, the person must be committing a lawful act in order to claim justifiable homicide - self-defense or accident. He could still be charged with homicide by culpable negligence.

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