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Murder

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

In criminal law. The willful killing of any subject whatever, with malice aforethought, whether the person slain shall be an Englishman or a foreigner. Hawk. P. C. b.

1, c. 13, § 3.

When a person of sound mind and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.

3 Inst. 47.

Murder is the unlawful killing of a human being, with malice aforethought.

Pen. Code Cal. § 187.

Whoever kills any human being with malice aforethought, either express or implied, is guilty of murder.

Rev. Code Iowa 1880, § 3848.

Murder is the unlawful killing of a human being, in the peace of the state, by a person of sound memory and discretion, with malice aforethought, either express or implied.

Code Ga. 1882, § 4320.

The killing of a human being, without the authority of law, by any means, or in any manner, shall be murder in the following cases: When done with deliberate design to effect the death of the person killed, or of any human being; when done in the commission of an act eminently dangerous to others, and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual; when done without any design to effect death, by any person engaged in the commission of the crime of rape, burglary, arson, or robbery, or in any attempt to commit such felonies.

Rev. Code Miss. 1880, § 2875.

— Every homicide, perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing;

— or committed in the perpetration of, or the attempt to perpetrate, any arson, rape, robbery, or burglary;

— or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed;

— or perpetrated by any act greatly dangerous to the lives of others, and evidencing a depraved mind, regardless of human life, although without any preconceived purpose to deprive any particular person of life, — is murder in the first degree; and every other homicide committed under such circumstances as would have constituted murder at common law is murder in the second degree.

Code Ala. 1886, § 3725.