Implied Malice

Legal Definition and Related Resources of Implied Malice

Meaning of Implied Malice

The term is peculiar to the laws relating to homicide . malice refers to the state of mind and heart of the defendant which actually existed at the time of the doing of the act from which the death resulted; its existence in every case is to be established by proof either direct or circumstantial. Such malice is implied when it is inferred from the naked fact of homicide, and is said to be express when it is established by other evidence of external circumstances affording proof of the intention of the defendant. See State v Jensen, 417 P.2d 273, 197 Kan. 427. The term has also been frequently defined as malice not against parties slain, but malice in general or that condition of mind which indicates a wicked, depraved and malignant spirit and a heart regardless of social duty and fatally bent on mischief . See Fox v State, 441 S. W.2d 491.

Implied Malice Alternative Definition

Malice presumed or implied by law from the acts of a party and the circumstances of a case; malice inferred from any deliberate, cruel act committed by one person against another, however sudden. Whart. Horn. 38.

Related Entries of Implied Malice in the Encyclopedia of Law Project

Browse or run a search for Implied Malice in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Implied Malice in Historical Law

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This definition of Implied Malice is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Implied malice in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of implied malice.

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See Also

  • Law Enforcement Officer
  • Police Work
  • Law Enforcement Agency

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