1. When committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent; or

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. ONCA 22-33, eff. Apr. 25, 2022.