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fible motive, and the law presumes that every homicide is with malice which has resulted from general malignity and reckless disregard of the lives of others. Malice may be expressed or implied; that is to say, it may be evidenced by the express declarations of the party charged, or acts showing premeditation
EDWARD SMITH alias "Devil"
or previous preparation. Such is express malice. Or it may be inferred from the fact accompanying the homicide or the character of the weapon with which the fatal act was committed. This is implied malice. There cannot be two kinds of malice. The only difference between implied and express malice is in the means of proof. Malice is implied in every intentional homicide, and where a party is found to have committed an intentional homicide it is for him to show the absence of malice. "If you find the jurisdictional facts set out in the indictment, and under the first count find that George S. Key, on the 14th of September, 1889, at Navassa Island, the place described in that indictment, and by the means described in the indictment, did feloniously, wilfully, and of his malice aforethought, kill James
