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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. "
Reports of Criminal Cases: Tried in the Municipal Court of the City of ... - Side 336
av Peter Oxenbridge Thacher - 1845 - 733 sider
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Reports of Cases Argued and Determined in the Court of King's Bench ..., Volum 2

Great Britain. Court of King's Bench - 1824 - 1082 sider
...there should be a malicious intention in order to constitute a libel ; to which the Judge answered, " The man who publishes slanderous matter calculated to defame another, must be presumed to have intended to do that which the publication is calculated to bring about, unless he can shew the contrary...
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Reports of Cases Argued and Determined in the Court of King ..., Del 150,Volum 6

Great Britain. Court of King's Bench - 1826 - 682 sider
...none of these authorities state. 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. If I give a man a blow which is likely to produce death, though he is a perfect stranger to me, the...
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A Treatise on the Law of Slander and Libel: And Incidentally of ..., Volum 1

Thomas Starkie - 1830 - 688 sider
...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 act 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, I...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volum 3

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 808 sider
...reference to that distinction (6), " 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. And I apprehend the law recognizes the distinction between these two descriptions of malice, viz. malice...
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An Abridgment of the Law of Nisi Prius, Volum 2

Patrick Brady Leigh - 1838 - 928 sider
...precise. But to impute to any" * " 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." Per Bay1ey, J., in Bromage v. Prosser, 4 B. & C. 255. " MTiere the law implies such malice as is necessary...
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An Abridgment of the Law of Nisi Prius, Volum 2

Patrick Brady Leigh - 1838 - 774 sider
...sheep-stealer,e pickpocket;f or 1 "Malice, in common acceptation, means ill-will against a person, but, in its legal sense, it 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...
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The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction ...

Oliver Lorenzo Barbour - 1841 - 834 sider
...publication of it, however, is prima facie evidence of malice, which it lies on the defendant to rebut.^) " The man who publishes slanderous matter calculated to defame another, must be presumed to have intended that which the publication is calculated to bring about ; and unless he can show the contrary,...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volum 3

Archibald John Stephens - 1842 - 998 sider
...malice in fact, and malice in law. 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. In an ordinary action for words, it is sufficient to charge, that the defendant spoke them falsely...
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American Law Magazine, Volum 3

1844 - 506 sider
...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 act 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...
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Proceedings of the Naval Court Martial in the Case of Alexander Slidell ...

Alexander Slidell Mackenzie - 1844 - 368 sider
...truly stated the distinction : " Malice in its 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" (/). This doctrine was struggled against with persevering opposition in the case of General Picton....
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