Maleficla prapositil distinguuntur. Jenk. Cent. 290. Evil deeds are distinguished from evil purposes, or by their purposes.
MALEFICIUM. In the civil law. Waste; damage ; tort; injury. Dig. 5. 18. 1.
MALESON, or MALISON. A curse.
MALESWORN, or MALSWORN. Forsworn. Cowell MALFEASANCE. The wrongful or unjust doing of some act which the doer has no right to perform, or which he has stipulated by contract not to do. It differs from "misfeasance" and "non-feasance," (which titles sew.) See 1 Chit. Pr. 9; 1 Chit. Pl. 134; Dudley v. Flemingsburg, 115 Ky. 5, 72 S. W. 327. 60 L. R. A. 575, 103 Am. St. Rep. 253; Colte v. Lynes, 33 Conn. 115; Bell v. Josselyn. 3 Gray (Mass) 311. 63 Am. Dec. 741.
MALFETRIA. In Spanish law. Offense. White, New Recop. b. 2, tit. 19. c. 1, § 1.
MALICE. In criminal law. In its legal sense. this word does not simply mean ill will against a person, but signifies a wrongful act done intentionally, without just cause or excuse. Bronlage v. Prosser, 4 Barn. & C. 2.35
A conscious violation of the law (or the prompting of the mind to commit it) which operates to the prejudice of another person.
About as clear, comprehensive, and correct a definition as the authorities afford is that "malice is a condition of the mind which shows a heart regardless of social duty and fatally heat on mischief, the existence of which is inferred from acts committed or words spoken." Harris v. State. 8 Tex. App. 109.
"Malice," in its common acceptation. means ill will towards some person. In its legal sense it applies to a wrongful act done intentionally, without legal justification or excuse. Dunn v. Hall. 1 Ind. 344.
A man may do an act willfully, and yet he free of malice. But he cannot do an act mailciously without at the same time doing it willfully. The malicious doing of an act includes the willful doing of it. Malice includes intent and will. State v Robbins. 66 Me. 328.
For other definitions see Shannon C. Jones, 76 Tex. 141, 13 S. W. 477; Williams v. Williams, 20 Colo. 51, 37 Pac. 614; Smith v. Railroad Co., 87 Md. 48, 28 Atl. 1072; In re Freche (D. C.) 109 Fed. 621; Craft v. State, 3 Kan. 486; Lewis v. Chapman, 16 N. Y. 369; State v. Avery. 113 Mo. 475. 21 S. W 193; State v. Witt. 34 Kan. 488. 8 Pac. 769: State v. Walker, 9 Houst. (Del.) 464, 33 Atl. 227; Cotton v. State. 32 Tex. 61 Com. v. Chance. 174 Mass. 245. 54 N. E. 551, 75 Am. St. Rep. 306.
In the law of libel and slander. An evil intent or motive arising from spite or ill will: personal hatred or ill will; culpable recklessness or a willful and wanton disregard of the rights and interests of the person defamed. McDonald v. Brown. 23 R. I. 546, 51 Atl. 213. 58 L. R. A. 768. 91 Am St. Rep. 650; Hearne v. De Young, 132 Cal. 357. 64 Pac. 576; Cherry v. Des Moines Leader. 114 Iowa. 298, 86 N. W. 322, 54 L R. A. 855. 89 Am. St. Rep. 365; Minter Bradstreet Co., 174 M0. 444, 73 S. W. 668
—Actua1 malice. Express malice or malice in fact. Gee v. Culver. 13 Or. 598, 11 Pac. 302,— Constructive malice.' Implied malice; malice inferred from acts; malice imputed by law: malice which is not shown by direct proof of an intention to do injury (express malice,) but which is inferentially established by the necessarily injurious results of the acts shown to have been committed. State v. Har Hogan, 9 Houst. (Del.) 369, 31 Atl. 1052; Hogan v. State, 36 Wis 238: Caldwell v. Raymond, 2 Abb. Prac (1 . Y.) 196—Express malice. Actual malice; malice in fact; a deliberate intention to commit an injury, evidenced by external circumstances Sparf v. U.S., 156 U. S. 51, 15 Sup. Ct. 273. 39 L. Ed 343. Farrer v. State, 42 Tex. 271; Singleton v. State. 1 Tex. App. 507; Jones v. State, 29 Ga. 594; Wynne v. Parsons. 57 Conn. 73, 17; Atl. 362; Howard v. Sexton, 4 N. Y. 161; Herbener v. Crossan, 4 Pennewill (Del.) 38. 55 Atl. 224.—General malice. General malice is wickedness, a disposition to do wrong. a "black and diabolical heart, regardless of social duty and fatally bent on mischief" Neal v. Nelson, 117 N. C. 393, 23 S. E. 428. 53 Am. St. Rep. 590 Brooks v. Jones. 33 N. C. 260.—Implied malice. Malice inferred by legal reasoning and necessary deduction from the res gestæ or the conduct of the party. Malice inferred from any deliberate cruel act committed by one person against another, however sudden. Whart. Hom. 38. What is called "general malice" is often thus inferred. Sparf v. U. S. 156 U. S. 51, 15 Sup. Ct. 273, 39 L. Ed. 343; Hotema v U. S., 186 U. S. 413. 22 Sup. Ct. 895, 46 L. Ed. 1225; Darry v. People, 10 N. Y. 120; State v. Mason. 54 S. C. 240, 32 S. E. 357; State v. Neal, 37 Me. 469; State v. Harrigan, 9 Houst. (Del.) 369, 31 Atl. 1052.—Legal malice. An expression used as the equivalent of "constructive malice." or "malice in law." Humphries v. Park , 52 Me, 502.—Malice aforethought. In the definition of "murder." malice aforethought exists where the person doing the act which causes death has an intention to cause death or grievous bodily harm to any person (whether the person is actually killed or not.) or to commit any felony whatever, or has the knowledge that the act will probably cause the death of or grievous bodily harm to some person, although he does not desire it or even wishes that it may not be caused. Staph Crim. Dig. 144: 1 Russ. Crimes, 644. The words "malice aforethought" long ago acquired in law a settled meaning. somewhat different from the popular one. In their legal sense they do not import on actual intention to kill the deceased. The idea is not spite or malevolence to the deceased in particular, but evil design in general, the dictate of a wicked, depraved, and malignant heart; not premeditated personal hatred or revenge towards the person killed. but that kind of unlawful purpose which, if persevered in, must produce mischief. State v. Pike, 49 N. H. 369. 6 Am. Rep. 533. And see Thiede v. Utah, 159 U. S. 510, 16 Sup. Ct. 62, 40 L. Ed. 237; State v. Fiske, 63 Conn. 388, 28 Atl. 572; Nye v. People. 35 Mich 19; People v. Borgetto, 99 Mich. 336 58 N. W. 328; Darry v People. 10 N. Y. 120; Allen v. U.S., 164 U. S. 492. 17 Sup. Ct. 154, 41 L. Ed. 528; Kota v. People, 136 Ill 655, 27 N.E. 53; Hogan v. State. 36 Wis. 242.—Malice in fact.' Express or actual malice. Railway Co. v. Behee, 2 Tex. Civ. App. 107, 21 S. W. 384;
