) Knowledge that the act which
causes death will probably cause the death of, or grievous bodily
harm to, some person, whether such person is the person actually
killed or not, although such knowledge is accompanied by
indifference whether death or grievous bodily harm is caused or
not, or by a wish that it may not be caused; "(c.) An intent to
commit any felony whatever; "(d.) An intent to oppose by force
any officer of justice on his way to, in, or returning from the
execution of the duty of arresting, keeping in custody, or
imprisoning any person whom he is lawfully entitled to arrest,
keep in custody, or imprison, or the duty of keeping the peace or
dispersing an unlawful assembly, provided that the offender has
notice that the person killed is such an officer so employed."
Malice, as used in common speech, includes intent, and something
more. When an act is said to be done with an intent to do harm,
it is meant that a wish for the harm is the motive of the act.
Intent, however, is perfectly consistent with the harm being
regretted as such, and being wished only as a means to something
else. But when an act is said to be done maliciously, it is
meant, not only that a wish for the harmful effect is the motive,
but also that the harm is wished for its own sake, or, as Austin
would say with more accuracy, for the sake of the pleasurable
feeling which knowledge of the suffering caused by the act would
excite.
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