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—used to describe a criminal act that was deliberately planned to cause harm to someoneMurder is the killing of another person with malice aforethought.
Related to malice aforethought: Excusable homicide
Malice Aforethought
A predetermination to commit an act without legal justification or excuse. A malicious design to
injure. An intent, at the time of a killing, willfully to take the life of a human being, or an intent willfully to act in callous and wanton disregard of the consequences to human life; but malice aforethought does not necessarily imply any ill will, spite or hatred towards the individual killed.
![Malice Malice](/uploads/1/2/5/6/125644438/288281148.jpg)
malice aforethought
n. 1) the conscious intent to cause death or great bodily harm to another person before a person commits the crime. Such malice is a required element to prove first degree murder. 2) a general evil and depraved state of mind in which the person is unconcerned for the lives of others. Thus, if a person uses a gun to hold up a bank and an innocent bystander is killed in a shoot-out with police, there is malice aforethought. (See: malice, murder, first degree murder)
malice aforethought
see HOMICIDE.![Malice aforethought def Malice aforethought def](/uploads/1/2/5/6/125644438/401884378.jpg)
MALICE AFORETHOUGHT, pleadings. In an indictment for murder, these words, which have a technical force, must be used in charging the offence; for without them, and the artificial phrase murder, the indictment will be taken to charge manslaughter only. Fost. 424; Yelv. 205; 1 Chit. Cr. Law, *242, and the authorities and cases there cited.
2. Whenever malice aforethought is necessary to constitute the offence, these words must be used in charging the crime in the indictment. 2 Chit. Cr. Law, *787; 1 East, Pl. Or. 402. 2 Mason, R. 91.
2. Whenever malice aforethought is necessary to constitute the offence, these words must be used in charging the crime in the indictment. 2 Chit. Cr. Law, *787; 1 East, Pl. Or. 402. 2 Mason, R. 91.
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. ‘If the jury decided that James lacked malice aforethought, he could still be found guilty of involuntary manslaughter, i.e., unlawful killing without malice aforethought.’.
‘Murder is unlawful homicide committed with malice aforethought.’. ‘Did he kill her with malice aforethought, willfully, deliberately?’.
‘It is a classic case of cold-blooded murder with malice aforethought.’. ‘Try to imagine, for a moment, an attacker armed with a knife coming at you with every intention of committing malice aforethought.’.
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