State v. Arnold

The Attorney-General argues in this case that the word “unlawfully” may take the place in the indictment of the statutory word “knowingly,” as used in Article 2351. To use the word unlawfully is to assume a conclusion of law, which can only be done by the act having been done knowingly. The pleader should state the facts from which the court can derive legal conclusions.

It may be very true that the act of cutting timber on another man’s land, to be unlawful, must be knowingly done; but we think, nevertheless, a party would be liable in damages for cutting timber upon the land of another,…