The crime committed where a person of sound mind and discretion (that is, of sufficient age to form and execute a oriminal design and not legally “Insane”) kllls any human creature in being (exclud-Ing quick but unborn children) and in the peace of the state or natlon (Including all persons except tbe milltary forces of the publlc enemy in time of war or battle) wlth-out any warrant, justification, or excuse in law, wlth malice aforethought, express or implied, that is, with a deliberate purpose or a design or determination distinctly form-ed in the mind before the commlssion 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. 198; Hotema v. U. S., 186 U. S. 413, 22 Sup. Ct. 895, 46 L. Ed. 1225; Gulteau’s Case (D. O.) 10 Fed. 161; Clarke v. State, 117 Ala. 1, 23 South. 671, 67 Am. St Rep. 157; People v. Enoch, 13 wend. (N. Y.) 167, 27 Am. Dec. 197; Kent v. People, 8 Colo. 563, 9 Pac. 832; Com. v. webster, 5 Cush. (Mass.) 295, 52 Am. Dec. 711; Arm-strong v. State. 30 Fla. 170, 11 South. 618, 17 L. R. A. 484; U. S. v. Lewie (C. 0.) Ill Fed. 632; Nye v. People, 35 Mlch. 16. For the distinction between murder and manslaugh-ter and other forms of homicide, see Homi-cidb; Manslaughter
Source: Black’s Law Dictionary 2nd Ed (1910)
