Malum In Sh

A wrong initself; 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 sald to ba 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. An actis said to be mulwm prohibitum when it is wrong only because prohibited; that is, it is not inherently immoral, but becomes illegal because its commission is expressly forbidden by positive law. Many acts to excise has not an efficient, but a deficient, cause. Malum non presumitur. Wickednes is not presumed. Branch, Prine.; 4 Coke, 72a.