MURDER

The crime committed where a person of sound mind and disc).\etiOn (that is, of sufficient age to form and execute a criminal design and not legally "insane") kills any human creature in being (excluding quick but unborn. children) and 1n the peace of the state or nation (including all persons except the military forces of the public enemy in time of war or battle) without any warrant, justification, or excuse in law, with malice aforethought, expre or implied, that is, with a deliberate purpose or a design or determination distinctly formed in the mind before the commi ion of the act, provided that death results.from the injury inflicted within one year and a day after its infliction. See Kilp a trick v. Com., 31 Pa. 198; Hotema v. U. S., 186 U. S. 413, 22 Sup. et. 895, 46 L. Ed. 1225; Guiteau's Case (D. C.) 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. 852; Com. v. Webster, 5 Cush. (Ma .) 295,· 52 Am. Dec. 711; Armstrong v. State, 30 F'la. 170, 11 South. 618, 17 L. R. A. 484; U. S. v. Lewis (C. C.) 111 Fed.. 632; Nye v. People, 85 Mich. 16. For the distinction between murder and manslaughter and other forms of homicide, see HoMI· CIDE; [s. 805]