State v. Judd

1 Incest: indictment : surplusage. The indictment charged that the defendant “ did then and there feloniously have carnal knowledge of one TIomer Richardson, the said Homer Richardson then and there being the brother of said defendant’s mother.” It is contended that the use of the word “ feloniously ” is equivalent to charging that the act was done knowingly; ~i. e., with the knowledge on the part of the defendant of her relationship to Homer Richardson, and that, having so alleged, it was incumbent on the State to prove the allegation as alleged. At the common law the use of the word “…