mal´ice Pronunciation: măl´ĭs
MALICE, crim. law. A wicked intention to do an injury. 4 Mason, R. 115, 505:
1 Gall. R. 524. It is not confined to the intention of doing an injury to
any particular person, but extends to an evil design, a corrupt and wicked
notion against some one at the time of committing the crime; as, if A
intended to poison B, conceals a quantity of poison in an apple and puts it
in the way of B, and C, against whom he had no ill will, and who, on the
contrary, was his friend, happened to eat it, and die, A will be guilty of
murdering C with malice aforethought. Bac. Max. Reg. 15; 2 Chit. Cr. Law,
727; 3 Chit. Cr. Law,. 1104.
2. Malice is express or implied. It is express, when the party evinces
an intention to commit the crime, as to kill a man; for example, modern
duelling. 3 Bulst. 171. It is implied, when an officer of justice is killed
in the discharge of his duty, or when death occurs in the prosecution of
some unlawful design.
3. It is a general rule that when a man commits an act, unaccompanied
by any circumstance justifying its commission, the law presumes he has acted
advisedly and with an intent to produce the consequences which have ensued.
3 M. & S. 15; Foster, 255; 1 Hale, P. C. 455; 1 East, P. C. 223 to 232, and
340; Russ. & Ry. 207; 1 Moody, C. C. 263; 4 Bl. Com. 198; 15 Vin. Ab. 506;
Yelv. 105 a; Bac. Ab. Murder and Homicide, C 2. Malice aforethought is
deliberate premeditation. Vide Aforethought.
MALICE, torts. The doing any act injurious to another without a just cause.
To dream that you have malice toward others
2. This term, as applied to torts, does not necessarily mean that which
must proceed from a spiteful, malignant, or revengeful disposition, but a
conduct injurious to another, though proceeding from an ill-regulated mind
not sufficiently cautious before it occasions an injury to another. 11 S. &
R. 39, 40.
3. Indeed in some cases it seems not to require any intention in order
to make an act malicious. When a slander has been published, therefore, the
proper question for the jury is, not whether the intention of the
publication was to injure the plaintiff, but whether the tendency of the
matter published, was so injurious. 10 B. & C. 472: S. C. 21 E. C. L. R.
4. Again, take the common case of an offensive trade, the melting of
tallow for instance; such trade is not itself unlawful, but if carried on to
the annoyance of the neighboring dwellings, it becomes unlawful with respect
to them, and their inhabitants may maintain an action, and may charge the
act of the defendant to be malicious. 3 B. & C. 584; S. C. 10 E. C. L. R.
, signifies that others will look down on you because of your ill temper
. You need to control your temper
. To dream that others have malice towards you
, denotes a false friend who is working on harming you
, evil intent
, malice aforethought
, malice prepense
, race hatred
, vials of hate
, vials of wrath