malice

A state of mind, being ill will, hatred, or hostility entertained by one person toward another. 34 Am J1st Mal § 2. More precisely, that state of mind which prompts the intentional doing of a wrongful act without legal justification or excuse. State v Heinz, 223 Iowa 1241, 275 NW 10, 114 ALR 959; Sall v State, 157 Neb 688, 61 NW2d 256. As a mental element in crime:–sometimes a connotation of ill will, but frequently merely the state of mind prompting a wrongful act without legal justification or excuse. 21 Am J2d Crim L § 86. As an element of murder:–a condition of mind prompting one to commit or direct an act wilfully; a wicked and corrupt disregard of the lives and safety of others; including all those states and conditions of mind accompanying a homicide committed without legal excuse or extenuation. 26 Am J1st Homi § 40. An intent to do the deceased great bodily harm. Commonwealth v Buzard, 365 Pa 511, 76 A2d 394, 22 ALR2d 846. As an element of malicious prosecution:–either personal malice or the malice indicated by an improper motive. 34 Am J1st Mal Pros § 45. Not necessarily, ill will, hatred, or express malice, but a want of probable cause. Schnathorst v Williams, 240 Iowa 561, 36 NW2d 739, 10 ALR2d 1199. As an ingredient of libel or slander:–malice in law; malice in fact or express malice. 33 Am J1st L & S § 111. Importing a publication that is false and without legal excuse. Dixon v Allen, 69 Cal 527, 529. As an element of alienation of affections:–any wrongful or improper motive or intent to do a wrongful or improper act; not limited to a malignant and revengeful disposition and intent. 27 Am J1st H & W § 530. As an element of wrongful and malicious attachment:–either actual malice or legal malice. Brown v Guaranty Estates Corp. 239 NC 595, 80 SE2d 645, 40 ALR2d 1094. An improper motive, not necessarily positive malignity; a wilful disregard of the rights of another, whether in accomplishing an unlawful purpose or a lawful purpose by an unlawful means. 6 Am J2d Attach § 598. See actual malice; express malice; general malice; implied malice; particular malice; wilful and malicious act.