in ethics and law, is a formed design of doing mischief to another; it differs from hatred. In murder, it is malice makes the crime; and if a man, having a malicious intent to kill another, in the execution of his malice kills a person not intended, the malice shall be connected to his person, and he shall be adjudged a murderer. The word *ex malitia praecogitata* are necessary to an indictment of murder, &c. And this *malitia praecogitata*, or *malice prepeps*, may be either express or implied in law. Express malice is, when one, with a sedate, deliberate mind, and formed design, kills another; which formed design is evidenced by external circumstances discovering that intention; as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm. Besides, where no malice is expressed, the law will imply it; as where a man wilfully poisons another, in such a deliberate act the law presumes malice, though no particular enmity can be proved. And if a man kills another suddenly, without any, or without a considerable provocation, the law implies malice; for no person, unless of an abandoned heart, would be guilty of such an act upon a flight or no apparent cause.