HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.beal/treatiseo0002 and id is 1 raw text is: 667
BOOK THE THIRD.
OF OFFENCES AGAINST THE PERSONS OF INDIVIDUALS.
CHAPTER THE FIRST.
OF MURDER.
MURDER is the killing any person under the King's peace, with [aa3
malice prepense or aforethought, either express or implied by Definition of
law. (a) Of this description the malice prepense, malitia prcogi- the crime.
tata, is the chief characteristic, the grand criterion by which' ,if'a *
murder is to be distinguished from any other species of homi- maune pro-
cide; (b) and it will therefore be necessary to inquire concerning P=W
the cases in which such malice has been held to exist. It should,
however, be observed, that when the law makes use of the term
malice aforethought as descriptive of the crime of murder, it is
not to be understood merely in the sense of a principle of
malevolence to particulars, but as meaning that the fact has
been attended with such circumstances as are the ordinary
symptoms of a wicked, depraved, and malignant spirit; a' heart
regardless of social duty, and deliberately bent upon mischief (c
And in general any formed design of doing mischief may be called
malice ; and therefore not such killing only as proceeds from
premeditated hatred or revenge against the person killed; but
also, in many other cases, such killing as is accompanied with
circumstances that show the heart to be perversely wicked, is
adjudged to be of malice prepense, and consequently murder. (d)
Malice may be either express or implied by law. Express ilee may be
malice is, when one person kills another with a sedate deliberate either express
mind and formed design: such formed design being evidenced by or impled.
external circumstances, discovering the inward intention ; as
lying in wait, antecedent menaces, former grudges, and concerted
schemes to do the party some bodily harm. (e) And malice is
implied by law from any deliberate cruel act committed by one.
person against another, however sudden: (f) thus where a man [s]
kills another suddenly without any, or without a considerable
provocation, the law implies malice ; for no person, unless of an
(a) 3 Inst. 47, 51. 1 Hale, 424, 448, (c) Fost.256, 262.
449. 1 Hawk. P. C. c. 31, s. 3. KeL (d) Hawk. P. C. c.31, . 18. Fot.
127. Fost. 256. 2 Lord Raym. 1487. 257. 1 Hale, 451 to 454.
4 Blae. Com. 198. 1 East, P. C. c. 5, (e) 1 Halo, 451. 4 Blac. Com. 199.
. 2, p.214. (f) 1 East, P. C. c. 5, . 2, p.215.
(b) 4 Blae. Com. 198. Gastineaux's
case, 1 Leach, 417.](ViewImageLocal?handle=hein.beal/treatiseo0002&div=1&collection=&method=preview&ext=.png&size=3)