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Malum in se

Defined in 6 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Black's (1910), Abbott (1879), Bouvier (1839)

Definitions from Case Law

From 282 U.S. 63 - District of Columbia v. Colts · 1930Most cited · 296 citing opinions

The offense here charged is not merely malum prohibitum, but in its very nature is malum in se. It was an indictable offense at common law... when horses, instead of gasoline, constituted the motive power.

The Cyclopedic Law Dictionary

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

An act wrong In itself. The plural form is mala in se (q. v.)

Ballentine's Law Dictionary

James A. Ballentine · 1916

An act is malum in se which is naturally evil as adjudged by the sense of a civilized community. See 139 N. C. 588, 111 Am. St. Rep. 818, 1 L. R. A. (N. S.) 991, 4 Ann. Cas. 797, 51 N. E. 945.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A wrong in itself; an act or case involving illegality from the very nature of the transaction, upon principles of natural, moral, and public law. Story, Ag. § 346. An act is said to be malum in se when it is inherently and essentially evil, that is, immoral in its nature and injurious in its consequences, without any regard to the fact of its being noticed or punished by the law of the state. Such are most or all of the offenses cognizable at common law, (without the denouncement of a statute;) as murder, larceny, etc.

Defined under Malum in Black's Law Dictionary.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

TEvil in itself.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

_ Evilin itself. An offence malum in se is one which is naturally evil, as murder, theft, and the like; offences at common law are generally mala in se. An offence malum prohibitum, on the contrary, is not naturally an evil, but becomes so in consequence of its being forbidden; as playing at games, which being innocent before, have become unlawful in consequence of being forbidden. Vide 1 Bac. Ab. 262, note; 2 Rolle’s Ab. 355. 3