Malitia
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Actual evil design; express malice.
See Mali(5b.
Malitia supplet aetatem
Malice supplies (or makes up for) age; wickedness of design supplies the want of age. Between the ages of seven and fourteen years an infant is deemed, prima facie, to be doli incapax, — incapable of criminal intention; but this presumption may be rebutted by evidence that he is possessed of a mischievous discretion, or is doli capax, in which case he may be found guilty of felony, and punished capitally.