State v. Green

The amended information charged that the defendant did “unlawfully, feloniously sell lewd, obscene or indecent pictures” contrary to sec. 944.21 (1) (a), Stats. Did the two words— (1) “unlawfully,” and (2) “feloniously” — plus the reference to the specific statute involved, sufficiently allege that the defendant “intentionally” sold such allegedly obscene pictures? 1 The writer would follow the near *573universal rule in other state jurisdictions that the word “feloniously,” even standing alone, is a sufficient averment of the intent necessary to constitute the crime charged.2 The use of two…