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" Malice, in common acceptation, means ill-will against a person; but, in its legal sense, it means a wrongful act, done intentionally, without just cause or excuse. "
A Treatise on the Law of Evidence: As Administered in England and Ireland ... - 133 ページ
John Pitt Taylor 著 - 1878 - 1765 ページ
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Reports of Cases Argued and Determined in the Court of King's ..., 第 150 部、第 6 巻

Great Britain. Court of King's Bench - 1826 - 682 ページ
...those expressions, none of these authorities state. Malice, in common acceptation, means, ill will against a person ; but in its legal sense it means...intentionally, without just cause or excuse. If I give a man a blow which is likely to produce death, though he is a perfect stranger to me, the law implies...

A Treatise on the Law of Slander and Libel: And Incidentally of ..., 第 1 巻

Thomas Starkie - 1830 - 688 ページ
...those expressions, none of these authorities state. Malice, in common acceptation, means ill-will to a person ; but in its legal sense, it means a wrongful...intentionally, without just cause or excuse. If I maim cattle without knowing whose they are, if I poison a fishery without knowing the owner, I do it...

Reports of Cases Argued and Determined in the Courts of Common Pleas ..., 第 3 巻

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 808 ページ
...and he said, with reference to that distinction (6), " malice, in common acceptation, means ill will against a person; but, in its legal sense, it means...done intentionally, without just cause or excuse. And I apprehend the law recognizes the distinction between these two descriptions of malice, viz. malice...

Reports of Cases Argued and Determined in the Court of King's Bench ..., 第 5 巻

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - 1835 - 1232 ページ
...sense of that word. The jury under those circumstances were bound to infer, malice. The term malice in common acceptation means ill-will against a person ; but, in its legal sense, means a wrongful act, done intentionally, without just cause or excuse. This was laid down by Bayley...

An Abridgment of the Law of Nisi Prius, 第 2 巻

Patrick Brady Leigh - 1838 - 928 ページ
...misdemeanour; and the charge upon the person spoken of must be precise. But to impute to any" * " Malice, in common acceptation, means ill-will against a person,...done intentionally without just cause or excuse." Per Bay1ey, J., in Bromage v. Prosser, 4 B. & C. 255. " MTiere the law implies such malice as is necessary...

An Abridgment of the Law of Nisi Prius, 第 2 巻

Patrick Brady Leigh - 1838 - 774 ページ
...maintained for calling a person a traitor,0 murderer,d sheep-stealer,e pickpocket;f or 1 "Malice, in common acceptation, means ill-will against a person,...means a wrongful act done intentionally without just canse or excuse." Per Bayley, J., in Bromage v. Prosser, 4 B. & C. 255. (10 Eng. CL 321.) "Where the...

The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., 第 3 巻

Archibald John Stephens - 1842 - 998 ページ
...in actions of slander two descriptions of malice, viz. malice in fact, and malice in law. Malice in common acceptation means ill-will against a person...done intentionally, without just cause or excuse. In an ordinary action for words, it is sufficient to charge, that the defendant spoke them falsely...

American Law Magazine, 第 3 巻

1844 - 506 ページ
...from the consideration of the jury." He said, "that malice in common acceptation, means ill will to a person; but .in its legal sense, it means a wrongful...done intentionally without just cause or excuse. If I maim cattle without knowing whose they are — if I poison a fishery without knowing the owner —...

Proceedings of the Naval Court Martial in the Case of Alexander Slidell ...

Alexander Slidell Mackenzie - 1844 - 368 ページ
...Bullen has tersely and truly stated the distinction : " Malice in its common acceptation means ill will against a person ; but in its legal sense it means...act done intentionally without just cause or excuse" (/). This doctrine was struggled against with persevering opposition in the case of General Picton....

Reports of Cases Argued and Determined in the Queen's Bench ..., 第 145 部、第 1 巻

Great Britain. Bail Court - 1845 - 1144 ページ
...Bayley, J., in delivering judgment, goes fully into the meaning of the word " malice," and there says, " If I give a perfect stranger a blow, likely to produce...because I do it intentionally, and without just cause of excuse. If I maim cattle, without (a) 6 TR 1 1. (c) 4 B. & C. 247; See SC (b) Vol. 2, p. 673, 4,...




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