Murder

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. bk.

1, c. 13, S 3.

Russell says, the killing of any person under the king's peace, with malice prepense or aforethought, either express or implied by law.

1 Russ. Crimes, 421; 5 Cush. (Mass.) 304.

When a person of sound mind and discretion unlawfully killeth any reasonable creature in being, and under the king's with malice afore- This latter definition, which has been adopted by Blackstone (4 Comm. 195), Chitty (2 Crim. Law, 724), and others, has been severely criticized. What, it has been asked, are "sound memory and understanding?" What has soundness of memory to do with the act? Be it ever so imperfect, how does it affect the guilt? If discretion is necessary, can the crime ever be committed? For is it not the highest indiscretion in a man to take the life of another, and thereby expose his own? If the person killed be an idiot or a new-born infant, is he a reasonable creature? Who is in the king's peace? What is malice aforethought? Can there be any malice afterthought? Livingston, Pen. Law, 186, It is, however, apparent that some of the criticisms are merely verbal, and others are answered by the construction given in the various cases to the requirements of the definition.

See, especially, 5 Cush. (Mass.) 304.

According to Coke's definition, there must be: First, sound mind and memory in the agent. By this is understood there must be a will and legal discretion. Second, an actual killing; but it is not necessary that it should be caused by direct violence; it is sufficient if the acts done apparently endanger life and eventually prove fatal. Hawk. P. C. bk.

1, c. 31, § 4; 1 Hale, P. C. 431; 1 Ashm. (Pa.) 289; 9 Car. & P. 356; 2 Palmer, 545.

Third, the party killed must have been a reasonable being, alive and in the king's peace. To constitute a birth, so as to make the killing of a child murder, the whole body must be detached from that of the mother; but if it has come wholly forth, but is still connected by the umbilical cord, such killing will be murder.

2 Bouv. Inst, note 1722.

Foeticide would not be such a killing; he must have been in rerum natura. Fourth, malice, either express or implied. It is this circumstance which distingushes murder from every description of homicide. See "Malice." In some of the states, by legislative enactments, murder has been divided into degrees, according to the degree of premeditation. MURDRARE (Law Lat.) In old criminal law. To murder.

3 Bl. Comm. 321.

Murdravit, murdered. A necessary word in old indictments for murder.

4 Bl. Comm. 307; 5 Coke, 122b; Lord Kenyon, 2 East, 30.

To hide, conceal, or stifle. Nullam veritatem celabo, nee celari permittam, vel murdrari, I will conceal no truth, nor will I permit it to be concealed or stifled. Fleta, lib.

1, c. 18, § 4.

Words of the oath of an inquisitor or juror.

And see Id. §§8, 10.

MURDRE (Law Fr.) Murder.

LL.

GuL Conq. lib.

26.

A fine so called. Id. See "Murdrum." MURDRITOR (Law Lat. from murdrare,