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120 X. AMERICAN 8TATE TRIALS.

meanings, but in its legal sense, the only sense in which we
are to consider it, signifies an evil design in general, a wicked
and corrupt motive, an intention to do evil. Blackstone, in
his Commentaries, says, ‘‘That it is the dictate of a wicked,
depraved and malignant heart.’? Russell in his ‘‘Treatise on
Crimes’ (vol. 2, p. 482) says, “It is not to be understood
merely in the sense of a principle of malevolence to partic-
ulars, 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 on mischief, And in general
any formed design of doing mischief may be called malice;
and therefore not such Killing only as proceeds from premed-
itation, hatred or revenge against the person killed; but also
in many other cases, such killing as is accompanied with cir-
eumstances that show the heart toe be perversely wicked, is
adjudged to be of malice prepense, and consequently mur-
der’? Wharton in his Law of Homicide says, ‘Malice in ita
legal sense denotes a wrongful act done intentionally or with-
out just cause and exeuse.’’ Chief Justice Shaw of Massachu-
setts says, ‘‘Malice although in its popular sense meang
hatred, ill-will, or hostility to another, yet in its legal sense
has a very different meaning and characterizes all acta done
with an evil disposition and a wrong and unlawful motive
or purpose, the wilful doing of an injurious act without law-
ful excuse.”

Tt will thus be seen that law writers and jurists agree as to
the meaning of the word malice, though they use different
language to express the aame idea, The definition by Whar-
ton is brief and readily understeod and signifies every in-
tentional wrongful act for which no just cause or excuse can
be given, Malice may be either express or implied; express,
when the act is done with a sedate, deliberate mind and
formed design. Deliberation and premeditation denote: in
themselves malice, Implied malice will be better understood
by a few examples laid down in the books. Thus, if one kills
an officer of justice in the execution of his duty, or any of
his assistants endeavoring to conserve the peace, or any pri-

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