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MALICE AFORETHOUGHT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

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 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.

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