Terrell v. State
Tennessee Supreme Court
8 S.W. 212 (1888)
Relevant factsFree
Terrell (defendant) struck Wilson in the eye with a brick, rendering him completely blind since Wilson had already lost his other eye, and was charged with mayhem; the trial judge instructed the jury it should convict if Terrell struck Wilson "from feelings of malice," and Terrell was convicted and appealed, arguing malice should not have been a required element in that form.
IssueFree
Whether malice will be implied if a defendant commits an illegal act.