Now it is apparent from Sir James [53] Stephen's
enumeration, that of these two elements of malice the intent
alone is material to murder. It is just as much murder to shoot a
sentry for the purpose of releasing a friend, as to shoot him
because you hate him. Malice, in the definition of murder, has
not the same meaning as in common speech, and, in view of the
considerations just mentioned, it has been thought to mean
criminal intention. /1/
But intent again will be found to resolve itself into two things;
foresight that certain consequences will follow from an act, and
the wish for those consequences working as a motive which induces
the act. The question then is, whether intent, in its turn,
cannot be reduced to a lower term. Sir James Stephen's statement
shows that it can be, and that knowledge that the act will
probably cause death, that is, foresight of the consequences of
the act, is enough in murder as in tort.
For instance, a newly born child is laid naked out of doors,
where it must perish as a matter of course. This is none the less
murder, that the guilty party would have been very glad to have a
stranger find the child and save it. /2/
But again, What is foresight of consequences? It is a picture of
a future state of things called up by knowledge of the present
state of things, the future being viewed as standing to the
present in the relation of effect to cause.
Pages:
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82