implied malice

An expresssion of dual meaning, sometimes being used in the sense of constructive malice and at other times indicating presumed malice. The mental state of ill will, spite, wicked intention, or enmity which the law infers from or imputes to certain acts. Griswold v Horne, 19 Ariz 56, 165 P 318. The inference or implication from a wilful and intentional act performed for the accomplishment of a wrongful object or ulterior purpose. 1 Am J2d Abuse P § 6. An application of the presumption that one intends the natural and probable consequences of his voluntary and deliberate acts. Taylor v State, 201 Ind 241, 167 NE 133. As an element of the crime of murder:–the absence of a deliberate mind and formed design to take life, but where the killing, nevertheless, is done without justification or excuse, and without provocation, or without sufficient provocation to reduce the offense to manslaughter. State v Trott, 190 NC 674, 130 SE 627, 42 ALR 1214. The showing of an abandoned or malignant heart by all the circumstances. People v Crenshaw, 298 Ill 412, 131 NE 576, 15 ALR 671. It is a matter of the greatest difficulty to distinguish between express malice and implied malice so as to render those terms intelligible to a jury. Turner v Commonwealth, 167 Ky 365, 180 SW 768.