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implied malice

Defined in 6 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891)

Definitions from Case Law

From 186 U.S. 413 - Hotema v. United States · 1902Most cited · 125 citing opinions

that in the case charged the evidence shows that the party charged committed the act, and that it was intentional and unlawful, that is, without justifiable excuse, and the evidence fails to reveal the motive why the person committed the act.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

Malice presumed or implied by law from the acts of a party and the circumstances of a case; malice inferred from any deliberate, cruel act committed by one person against another, however sudden. Whart. Horn. 38.

Ballentine's Law Dictionary

James A. Ballentine · 1916

That malice which the law infers from or imputes to certain acts. See 30 Tex. App. 129, 28 Am. St. Rep. 895, 16 S. W. 767.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

Sec Malice.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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.

Defined under Malice in Black's Law Dictionary.

A Dictionary of Law

Henry Campbell Black · 1891

Malice inferred by legal reasoning and necessary deduction from the res geste or the conduct of the party. Malice inferred from any deliberate cruel act committed by one person against another, however sudden... Whart. Hom. 38 What is called “general malice” is often thus inferreu.