Malice Aforethought

Malice Aforethought

In the Past

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.

Developments

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. [1]

Resources

Notes and References

1. Partialy, this information about malice aforethought is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including malice aforethought.

See Also