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Murder is the act of killing another human being with malice, traditionally called "malice aforethought." Malice is defined as the intent to kill or to inflict bodily injury, either express or implied. If a deadly weapon is used, intent to kill will necessarily be implied by a court of law. The presumption is that if the assailant brought a deadly weapon with him/her there was an intent to use the weapon. If the assailant picked up a weapon at the scene of the crime in an act of defense or in a provoked fit of rage, there might not be malice. See homicide and manslaughter.





(Reviewed 11.5.08)