Page:Black's Law Dictionary (Second Edition).djvu/807

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such as military stores of all kinds and articles of food. See U. S. v. Sheldon, 2 Wheat. 119, 4 L. Ed. 199.

MENUS. Lat. A gift; an office; :1 benefice or feud. A giadiatorial show or spectacle. CaJ\i_n.; Du Cange.

MITRAGE. A toil formerly levied in England for repairing or building public walls.

EIURDER. The crime committed where

a person of sound mind and discretion (that is, of sutlicient age to form and execute a criminal design and not legally “insane”) klils nny human creature in being (excluding quick but unborn children) and in the peace of the state or nation (including nil persons except the military forces of the public enemy in time of war or battle) without any Wnrr-int. justification, or excuse in law. uith malice aforethongbt, express or implied. that is, with a deiihernte purpose or a design or determination (l1sti.nctlytorm- cd in the mind before the commission of the set. provided that death results from the injury inflicted within one year and :1 din after its infliction. See Lfiilimtrick v. Com.. 31 Pa. 198: l-lotema v. D. S., 181': U. S. 413. 22 Sup. Ct. 89:3, 46 L. Ed. 1225; Guiteaufs (‘use (D. C.) 10 Fed. 161; Clarke v. State. 117 A121. 1. 23 South. 671. 67 Am. St. lisp. 157: People v. Enoch, 13 “'end. (N. Y.) 167. 27 Am. Dec. 197; Kent v. People, 8 Coin. 50.1. 9 Pac. 852; Com. v. Webster. 5 Cush, (Mziss.) ms. 52 Am. Dec. 711; Arm- strong v. State. 80 Flu. 170. 11 South. 618, 17 L. B. A. 484; U. S. v. Lewis (C. C.) 11.1 Fed. $2: Nye v. People, 35 Mich. 16. For the distinction between murder and manslaugh- ter and other forms of homicide, see Hour- CIDE1 l\I_nNsLAUGEl'rEB.

Common-law definitions. The willful killing of any suhject what:-\'er, with malice aforethou_!ht, whether the person slain slraii be an Englisllnian or a foreigner. Hawk. P. C. b. 1, c. 13. § 3. The killing of any person under the lung‘: peace, with malice preprnso or aforethought. either express, or imphcd by law. Russ Crimes. Q1; Com. v. \’\-'ehster, 5 Crush. (l\In.s.) 304. 52 Am. Dec. 711. When a person of sound mind and discretion unlarvfully killeth any reasonable creature _in heing, and under the king's peace, with malice nfnrcthought. either express or implied. 3 Inst. 47.

Statutory definitions. Murder is the un- ianfnl killing of a human being with malice aforethought. Pen. Code Cal. § 187. Whoovor kills any human hcing with mnilce aforethon,-zht. either express or implied. is guilty of murder. Rev. Colic Iowa 1880. § 3348. Murder is the unlawful killing of a human being. in the peace of the state, by :1 person of sound memory and discretion, with malice aforetlmught. either express or implied. Code Ga. 1882, § 4320. The killing of a human being, without the authority of law, by any means, or in any manner. shall be murder in the following cases: When done with deliherate design to effect the death of the person killed, or of urn‘ human being; when done in the commission of un nct eminent- ly dangerous to others, and evlneing a depraved



heart, regardless of human life. although without any premeditated design to effect tine death of any particular individual; when done without any design to eifect death, by any person en- gaged in the commission of the crime of rape, burglary. arson, or robbery, or in any attempt to commit such felonies. Rev. Code Miss. 1334]. § 2875. Every homicide perpetrated by poison, lying in wait, or any ntlher kind or willful, de- liherate. malicious, and premeditated killing; or committed in the perpetration of, or the attempt to perpetrate, any arson. rape, rohhery, or burglary; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed: or perpetrsted by any act greatly dan- gerous to the lives of others, and evidencing a depraved mind, regardless of human life. :11- though withuut any precour-eived purpose to deprive any particular person of life.—is murder in the first degree; and every other homicide com- mittetl under such circumstances as would have constituted murder at common law is mur(lr\r in the second degree. Code Ala. 1886. § 3725.

Degrees of murder. These were unknown at common law, but have linen iI1ti‘O(l|I1:€1l in many states by statutes, the terms of which are too variant to be hr-re discussed in detail In general. however. it mny he snld that most states only divide the crime lulu "mur(ier in the first degree" and “murder in the second deflrec." though in a few there are as many as fiw de- grens; and that the general purport of these statutes is to confine murder in the first degree to homicide committed by poison. lying in nait, and other killings committed In pursu'mce of a deliberate and premedltntod design. und to those Vli‘li[‘l] accomp-my the commission of some of the more atrocious felonies. such as burglary. arson. and rope: while murder in the second dcgree occurs where there is no such |'lPllll(’I"7‘ltl’l§' form- ed design to hike life or to p(‘rp('tl"I[e one of the enumerated felonies as is i'e(]lliI'Ni for the first degree, but where, nevertheless, there was a purpose to kill (or at least a purpose to inflict the particular in_|ury without caring uhetlier it caused death or not) formed inst~IntiIn(*(Ius'y in the mind, and Where the killing was without justification or excuse, and without any such provocation as would reduce the crime to the grade of manslaughter. In a few states, there Is a crime of "murder in the third degree." which is defined as the killing of a human being without any design to effect death by a person viho is engaged in the commission of s Eolouy. The fourth and fifth degries (in New Mexico) correspond to certain classifications of manslaughter elsewhere.

MURDRUM. In old English law. The killing of a man in a secret manner. MUROEUM OPERATIO.}} Lat. The

service of work nnd inbor done by iuhnbit- ants and adjoining tenants in buildiun or repairing the walls of a city or castle; their personal service was commuted into murage, (q. 1:.) Cowell.

In old Scotch law. Mur- Skeue.

MUETHEUM. ther or murder.

MUSEUM. A hllildlng or institution for the cultivation of science or the exhibition of curiosities or works of art.

The term "museum" embraces not only collections of curiosities for the entertainment of the sight, but also such as would

interest. amuse, and instruct the mtod. Bostick v. Purdy, 5 Stew. & P. (A1a..) 109.