Malice
Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
Express or actual malice is necessary to establish certaitt degrees of criminal liability in certain cases, and may be defined as the'intent of one person to injure any otlier. But in certain other cases of heinous or reckless action, where the law dispenses with proof of actual malice, but af Bxes similar penalties or punishment, there is said to be implied or constructive malice. Actual malice, resulting in the crime of murder, is specially named malice aforethought or malice prepense.