Malicious Mischief
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
The wanton or reckless destruction of property. The word "malicious" is not sufficiently defined as the willfully doing of any act prohibited by law, and for which the defendant has no lawful excuse. In order to a conviction of the offense of malicious mischief, the jury must be satisfied that the injury was done either out of a spirit of wanton cruelty, or of wicked revenge.
Jacob. "Mischief," "Malicious;" Alls. Sc. Cr. Law, 448; 3 Gush. (Mass.) 558; 2 Mete. (Mass.) 21; 3 Dev. & B. (N. C.) 130; 5 Ired. (N. G.) 364; 8 Leigh (Va.) 719; 3 Me. 177.
Authorities are divided as to whether wantonness or general malice is sufficient. That it is not, see 79 N. G. 656; 44 Ala. 380; 49 Miss. 331.
Contra, 28 Ga. 380; 44 N. H. 392.