State v. Stalls

The indictment in this case was attempted to be drawn under Article 2351, Paschal’s Digest, and charges' that the defendant “ did unlawfully and feloniously, without the “ consent of the owner, V. H. Allen, carry away certain tira- “ her.” The indictment is neither in the language of the statute, nor does it use equivalent language; “ unlawfully ” is not equivalent to “ knowingly,” for an act may be knowingly done, and yet not be unlawful, ánd an act may be unlawful, and yet committed in ignorance. This may have been the facts in regard to the act for which the defendant in this case was…