2. 3 Coke, Institutes *47, discusses murder, and is paraphrased in the footnote next following.
3. 4 Blackstone, Commentaries *195: “Murder is . . . 'when a person, of sound memory and discretion, unlawfully killeth any reasonable creature in being and under the king's peace, with malice aforethought, either express or implied.”
“[A]ny formed Design of doing Mischief may be called Malice; and therefore . . . not such killing only as proceeds from premeditated Hatred or Revenge against the Person killed, but also in many other Cases, such as is accompanied with those Circumstances that shew the Heart to be perversly wicked, is adjudged to be of Malice prepense, and consequently Murder.”