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The crime committed where a person of sound mind and discretion (that is, of sufficient age to form and execute a criminal design and not legally “insane”) kills any human creature in being (excluding quick but unborn children) and in the peace of the state or nation (including all persons except the military forces of the public enemy in time of war or battle) without any warrant, justification, or excuse in law. with malice aforethought, express or implied, that is, with a deliberate purpose or a design or determination distinctly formed in the mind before the commission of the act, provided that death results from the injury Inflicted within one year and a day after its infliction. See Kilpatrick v. Com., 31 Pa. 19S; Llotema v. U. S., 186 U. S. 413. 22 Sup. Ct 895, 46 L. Ed. 1225; Guiteau’s Case (D. C.) 10 Fed. 101; Clarke v. State. 117 Ala. 1, 23 South. 071, 67 Am. St. I top. 157; People v. Enoch, 13 Wend. (N. Y.) 167. 27 Am. Dec. 107; Kent v. People, 8 Colo. 5(13. 9 Pac. 852; Com. v. Webster, 5 Cush. (Mass.) 205. 52 Am. Dec. 711; Armstrong v. State. 30 Fla. 170. 11 South. 618. 17 L. R. A. 4S4; U. S. v. Lewis (C. C.) Ill Fed. 632; Nye v. People. 35 Mich. 16. For the distinction between murder and manslaughter and other forms of homicide, see HOMICIDE; MANSLAUGHTER. Common-law definitions. The willful killing of any subject whatever, with malice aforethought, whether the person slain shall be an Englishman or a foreigner. Hawk. P. C. b. 1, c. 13.

mur'd[.e]r, n. the act of putting a person to death, intentionally and from malice.--v.t. to commit murder: to destroy: to put an end to.--n. MUR'DERER, one who murders, or is guilty of murder:--fem. MUR'DERESS.--adj. MUR'DEROUS, guilty of murder: consisting in, or fond of, murder: bloody: cruel.--adv. MUR'DEROUSLY.--n. MUR'DRESS, a battlement with interstices for firing through.--MURDER IN THE FIRST DEGREE, murder with deliberation and premeditation, or that committed in the furtherance of any arson, rape, robbery, or burglary--IN THE SECOND DEGREE, murder of all other kinds; MURDER WILL OUT, murder cannot remain hidden. [A.S. morthor--morth, death; Ger. mord, Goth. maurthr; cf. L. mors, mortis, death.]

Unlawful killing of human being with malice aforethought; JUDICIAL m.; (Provencal) m. will out (cannot be hidden); the m. is out, the secret is revealed or mystery explained; (as int. of real or pretended alarm) m. !; cry blue m., make extravagant outcry. [old English]

Kill (human being) unlawfully with malice aforethought; kill wickedly or inhumanly; spoil by bad execution, mispronunciation, &c. Hence murderer, murderess, nn. [old English]

n. [Anglo-Saxon] The act of killing a human being with malice prepense or afore-thought;- also, an outcry or alarm when life is threatened or in danger.