Homicide is excusable in the following cases:
1. When committed by accident and misfortune in doing any lawful act,
by lawful means, with usual and ordinary caution, and without any
2. When committed by accident and misfortune in the heat of passion,
upon any sudden and sufficient provocation, or upon a sudden combat
provided that no undue advantage is taken, nor any dangerous weapon
used, and that the killing is not done in a cruel or unusual manner.