Malice Aforethought
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
pleadings. In an indictment for murder, these words, which have a technical force, must be used in charging the offence; for without them, and the artificial phrase murder, the indictment will be taken to charge manslaughter only. Fost. 424; Yelv. 205; 1 Chit. Cr. Law, *242, and the authorities and cases there cited. Whenever malice aforethought is necessary to constitute the offence, these words must be used in charging the crime in the indictment.
2 Chit. Cr. Law, *787; 1 East Pl. Cr. 402.