Malice

In criminal law.

In its legal sense, this word does not simply mcan ill will against a person, but signifies a wrongful act done intentionally, without Just cause or excuse. Bromage v. Prosser, 4 Bam. & 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 a definition 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." Harris v. State, 8 Tex. App. 109 "Malice," in its common acceptation, means ill will towards some person.

In its legal sense, it applies to a wrongful act done intentionally, without legal justification or excuse. Dunn v. Hall, 1 Ind. 344. A man may do an act willfully, and yet be free of malice. But he cannot do an act maliciously without at the same time doing it willfully. The malicious doing of an act includes the willful doing of it. Malice includes intent and will. State v. Robbins, 66 Me. 328. For other definitions see Shannon v. Jones, 76 Tex. 141, 13 S. W. 477: Williams v. WiLliams, 20 Colo. 51, 37 Pac. 6l4; Smith v. Railroad Co.., 87 Md. 48, 38 Atl. 1072; In re Freche (D. C.) 109 Fed. 621; Craft v. Slate, 3 Kan. 486; Lewis v. Chapman, 16 N. Y. 369; State v. Avery, 113 Mo. 475. 21 S. W. 193; State v. Witt, 34 Kan. 488, 8 Pac. 769; State v. Walker, 9 Honst. (Del.) 464, 33 Atl. 221; Cotton v. State, 32 Tex. 614; Com. v. Chance, 174 Mass. 245, 54 N. E. 551, 75 Am. St Rep. 306. In the law of libel and slander. An evil intent or motive arising from spite or 111 will; personal hatred or ill will; culpable recklessness or a willful and wanton disregard of the rights and interests of the person defamed. McDonald v. Brown, 23 R. I. 546, 51 Atl. 213, 58 In R. A. 768, 91 Am. St. Rep. 659; Hearne v. De Young, 132 CaL 357, 64 Pac. 576; Cherry v. Des Moines Leader, 114 Iowa, 298, 86 N. W. 323, 54 L. R. A. 855, 89 Am. St. Rep. 365; Minter v. Bradstreet Co., 174 Mo. 444, 73 S. W. 668

— Actual malice. Express malice, or malice in fact. Gee v. Culver, 13 Or. 598, 11 Pac. 302.

— Constructive malice. Implied malice; malice inferred from acts; malice imputed bj law; malice which is not shown by direct proof of an intention to do injury, (express malice,) but which is inferentially established by the necessarily injurious results of the acts shown to have been committed. State v. Har-rigan, 9 Houst. (Del.) 369, 31 Atl. 1052; Hogan, v. State, 36 Wis. 238; Caldwell v. Raymond, 2 Abb. Prac. (N. Y.) 196,

— Express malice. Actuni malice; malice in fact; a deliberate intention to commit an injury, evidenced by external circumstances. Sparf v. U. S., 156 U. S. 61, 15 Sup. Ct. 273, 39 In Ed. 348: Farrer v. State, 42 Tex. 271; Singleton v. State, 1 Tex. App. 507; Jones v. State, 29 Ga. 594; Wynne v. Parsons, 57 Conn. 73, 17 Atl. 362; Howard v. Sexton, 4 N. Y. 161; Herbener v. Crossan, 4 Pennewili (Del.) 38, 55 Atl. 224.

— General malice. General malice is wickedness, a disposition to do wrong, a "black and diabolical heart, regardless of socini duty and fatally bent on mischief." Neal v. Nelson. 117 N. C. 393, 23 S. E. 428. 53 Am. St. Rep. 590; Brooks v. Jones, S3 N. C. 260.

— Implied malice. Malice inferred by legal reasoning and necessary deduction from the res gestœ or the conduct of the party. Malice inferred from any deliberate cruel act committed by one person against another, however sudden. Whart. Horn. 38. What is calied "general malice" is often thus inferred. Sparf v. U. S., 156 U. S. 51, 15 Sup. Ct. 273, 39 L. Ed. 343; Hotema v. U. S., 186 U. S. 413, 22 Sup. Ct. 895, 46 L. Ed. 1225; Darry v. People, 10 N. Y. 120; State v. Mason, 54 S. a 240, 32 S. E. 357; State v. Neal, 37 Me. 469; State v. Harrigan, 9 Houst. (Del.) 369, 3l Atl. 1052.

— Legal malice. An expression used as the equivalent of "constructive malice," or "malice in law." Humphries v. Parker, 52 Me. 502.

— Malice aforetbongbt. 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 has the knowledge that the act will probably cause the death of or grievous bodily harm to some person, although he does not desire it. or even wishes that it may not be caused. Steph. Crim. Dig. 144; 1 Russ. Crimes, 641. The words "malice aforethought" loug ago acquired in law a settled meaning, somewhat different from the popular one. In their legal sense they do not import an actual intention to kill the deceased. The idea is not spite or malevolence to the deceased in particular, but evil design in general. the dictate of a wicked, depraved, and malignant heart; not premeditated personal hatred or revenge towards the person killed, but that kind of unlawful purpose which, if persevered in. must produce mischief. State v. Pike, 49 N. H. 399, 6 Am. Rep. 533. And see Thiede v. Utah, 159 U. S. 510, l6 Sup. Ct 62. 40 In Ed. 237; State v. Fiske, 63 Co.nn. 388, 28 Atl. 572; Nye v. People, 35 Mich. 19; People v. Borgetto, 99 Mich. 336, 58 N. W. 328; Darry v. People, 10 N. Y. 120; Alien v. U. S., 164 In S. 492, 17 Sun. Ct. 154, 41 L. Ed. 528; Kota v. People, 136 111. 655, 27 N. E. 53; Hogan v. State, 36 Wis. 242.

— Malice in fact. Express or actual malice. Railway Co. v. Behee, 2 Tex. Civ. App. 107, 2l S. W. 384; Hotchkiss v. Porter, 30 Co.nn. 414,

— Malice in law. Implied, inferred, or legal malice. See Smith v. Rodecap, 5 Ind. App. 78, 31 N. E. 479; Bacon v. Railroad Co., 66 Mich. 166, 33 N. W. 181.

— Malice prepense. Malice aforethought ; deliberate, predetermined malice. 2 Rolie, 461.

— Particular malice. Malice di-, rected against a particular individual; ill will; a grudge; a desire to be revenged on a particular person. Brooks v. Jones, 33 N. C. 261; State v. Long, 117 N. C. 791, 23 S. E. 431.

— Preconceived malice. Malice prepense or aforethought. See State v. Reidell, 9 Houst. (Del.) 470, 14 Atl. 550.

— Premeditated malice. An intention to kill unlawfully, deliberately formed in the mind as the result of a determination meditated upon and fixed bsfore the act. State v. Gin Pon, 16 Wash. 425, 47 Pac. 961; Milton v. State, 6 Neb. 148 ; State v. Rutten, 13 Wash. 211, 43 Pac. 30.

— Special malice. Particular or personal malice; that is, hatred, ill will, or a vindictive disposition against a particular individual.

— Universal malice. By this term is not meant a malicious purpose to take the life of all persons, but it is that depravity of the human heart which determines to take life upon slight or insufficient provocation, without knowing or caring who may be the victim. Mitchell v. State, 60 Ain. 30.