KFLCC Kingdom Law 2nd Ed.

799

MUSEUM

MUNUS

heart, regardless of human life, although with out any premeditated design to effect the death of any particular individual; when done with out any design to effect death, by any person en gaged in the commission of the crime of rape, burglary, arson, or robbery, or in any attempt to commit such felonies. Rev. Code Miss. 1880, § 2875. Every homicide, perpetrated by poison, lying in wait, or any other kind of willful, de liberate, malicious, and premeditated killing; or committed in the perpetration of, or the attempt to perpetrate, any arson, rape, robbery, or bur glary ; or perpetrated from a premeditated de sign unlawfully and maliciously to effect the death of any human being other than him who is killed; or perpetrated by any act greatly dan gerous to the lives of others, and evidencing a depraved mind, regardless of human life, al though without any preconceived purpose to de prive any particular person of life,—is murder in the first degree; and every other homicide com mitted under such circumstances as would have constituted murder at common law is murder in the second degree. Code Ala. 1886, § 3725. Degrees of murder. These were unknown at common law, but have been introduced in many states by statutes, the terms of which are too variant to be here discussed in detail. In general, however, it may be said that most states only divide the crime into "murder in the first degree" and "murder in the second degree," though in a few there are as many as five de grees; and that the general purport of these statutes is to confine murder in the first degree to homicide committed by poison, lying in wait, and other killings committed in pursuance of a deliberate and premeditated design, and to those which accompany the commission of some of the more atrocious felonies, such as burglary, arson, and rape; while murder in the second degree occurs where there is no such deliberately form ed design to take life or to perpetrate one of the enumerated felonies as is required for the first degree, but where, nevertheless, there was a purpose to kill (or at least a purpose to inflict the particular injury without caring whether it caused death or not) formed instantaneously in the mind, and where the killing was without justification or excuse, and without any such provocation as would reduce the crime to the grade of manslaughter. In a few states, there is a crime of "murder in the third degree," which is defined as the killing of a human being without any design to effect death by a person who is engaged in the commission of a felony. The fourth and fifth degrees (in New Mexico) correspond to certain classifications of man slaughter elsewhere.

such as military stores of all kinds and articles of food. See U. S. v. Sheldon, 2 Wheat 119, 4 L. Ed. 199. Lat. A gift; an oflice; a ben efice or feud. A gladiatorial show or spec tacle. Calvin.; Du Cange. A toll formerly levied in England for repairing or building public walls. MURDER. The crime committed where a person of sound mind and discretion (that is, of sufficient age to form and execute a criminal design and not legally "insane") kills any human creature in being (exclud ing quick but unborn children) and* in the peace of the state or nation (including all persons except the military forces of the public enemy in time of war or battle) with out any warrant, justification, or excuse in law, with malice aforethought, express or implied, that is, with a deliberate purpose or a design or determination distinctly form ed in the «mind before the commission of the act, provided that death results from the injury inflicted within one year and a day after its infliction. See Kilpatrick y. Com., 31 Pa. 198; Hotema v. U. S., 186 U. S. 413, 22 Sup. Ct 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. T.) 167, 27 Am. Dec. 197; Kent v. People, 8 Colo. 563, 9 Pac. 852; Com. v. Webster, 5 Cush. (Mass.) 295, 52 Am. Dec. 711; Arm strong v. State, 30 Ma. 170, 11 South. 618, 17 L. R. A. 484; U. S. v. Lewis (C. C.) Ill Fed. 632; Nye v. People, 35 Mich. 16. For the distinction between murder and manslaugh ter and other forms of homicide, see HOMI CIDE; MANSLAUGHTER. Common-law definitions. The willful kill ing of any subject whatever, with malice afore thought, whether the person slain shall be an Englishman or a foreigner. Hawk. P. C. b. 1, c. 13, § 3. The killing of any person under the king's peace, with malice prepense or afore thought, either express, or implied by law. 1 Russ. Crimes, 421; Com. v. Webster, 5 Cush. (Mass.) 304, 52 Am. Dec. 711. When a person of sound mind and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied. 3 Inst. 47. Statutory definitions. Murder is the un lawful killing of a human being with malice aforethought. Pen. Code Cal. § 187. Whoever kills any human being with malice aforethought, either express or implied, is guilty of murder. Rev. Code Iowa 1880, § 3848. Murder is the unlawful killing of a human being, in the peace of the state, by a person of sound memory and discretion, with malice aforethought, either ex press or implied. Code Ga. 1882, § 4320. The killing of a human being, without the author ity of law, by any means, or in any manner, shall be murder in the following cases: When done with deliberate design to effect the death of the person killed, or of any human being; when done in the commission of an act eminent ly dangerous to others, and evincing a depraved MUNUS. MURAGE.

MURDRUM.

In old English law. The

killing of a man in a secret manner.

MURORUM OPERATIC The service of work and labor done by inhabit ants and adjoining tenants in building or repairing the walls of a city or castle; their personal service was commuted into murage, (q. v.) Cowell. Lat.

MURTHRUM.

In old Scotch law. Mur

ther or murder.

Skene.

MUSEUM. A building or institution for the cultivation of science or the exhibition of curiosities or works of art. The term "museum" embraces not only collections of curiosities for the entertain ment of the sight, but also such as would interest, amuse, and instruct the mind. Bos tick v. Purdy, 5 Stew. & P. (Ala.) 109.