Malice

In criminal law. In its legal pense, this word does not simply meun ill will against a person, but signifies a wrongful act done intentionally, without just cause orexcuse.

4 Barn. & C. 255.

A conscious violation of the law {or the prompting of the mind to commit it) which operates to the prejudice of another person, About as clear, comprehensive, and correct adefinition as the authorities afford is that “malice is a condition of the mind which shows a heart regardless of social duty and fatally bent on mischief, the existence of which is inferred from acts committed or words spoken.” 8 Tex. App. 109, “Malice,” in ita common acceptztion, means ill willtowards some person. In its legal sense, it applies to 2 wrongful act done intentionally, without legal justification or excuse, 1 Ind. 844. Aman may do au act willfully, and yet be free of malice. But be cannot do an act maliciously without at the same time doing it willfully. The malicious doing of an act ineludes the willful doing of it. Maliceincludes intent and will 66 Me. 828, Malice is either express or implied. The former is the case where the party declares or manifests a positive intention to commit the érime; while implied malice is gathered, as an inference of law, from the facts and circumstances proved. In the definition of “murder,” malice aforethought exists where the person doing the act which causes death has an intention to cause death or grievous bodily harm to any person, (whether the person is actually killed or not,) or to commit any felony whatever, or hag the knowledge that the act will probably cause the death of or grievous bouily hurm to some person, although he does not desire it, or even wishes that it may not be caused.

Steph. Crim. Dig. 144; 1 Kuss. Crimes, 641.

The words “malice aforethought” long ago acquired in law asettled meaning, somewhat different from the popular one, In their legal sense they do in particular, but evil design in general, the dictate of a wicked, depraved, and malignant heart; not preméditated personal hatred or revenge towards the person killed, but that kind of unlawiul purpose which, if persevered in, must produce miachief.

49 N. H. 399.