roposition thus stated hardly admits of discussion, and the only question worthy of consideration is

whether malice or criminal intent is an essential element or ingredient of the crimes of homicide and
assassination as defined and penalized in the Penal Code. It has been said that since the definitions
there given of these as well as most other crimes and offense therein defined, do not specifically and
expressly declare that the acts constituting the crime or offense must be committed with malice or with
criminal intent in order that the actor may be held criminally liable, the commission of the acts set out in
the various definitions subjects the actor to the penalties described therein, unless it appears that he is
exempted from liability under one or other of the express provisions of article 8 of the code, which
treats of exemption. But while it is true that contrary to th