State v. Williams
Supreme Court of Louisiana
APPEAL from tlie Thirteenth District Court, Parish of St. Landry. Hudspeth, J. - The words 1 ‘feloniously and oí his malice aforethought” are sufficient in an indictment for murder, and the indictment is not vitiated by the omission of the word willful. 27 Ann. 572; Archhold's Cximinal Proceedings pp. 881 882, bottom of page. 1.The Statutes of Louisiana denounce the erime of willful murder only. It.
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APPEAL from tlie Thirteenth District Court, Parish of St. Landry. Hudspeth, J. - The words 1 ‘feloniously and oí his malice aforethought” are sufficient in an indictment for murder, and the indictment is not vitiated by the omission of the word willful. 27 Ann. 572; Archhold's Cximinal Proceedings pp. 881 882, bottom of page. 1.The Statutes of Louisiana denounce the erime of willful murder only. It. S., Sec, 784. 2.The word willful is the distinguishing characteristic between the statutory offenses of-murder and manslaughter. 3.‘‘In all indictments for murder it shall he sufficient to allege…
1Opinion of the Court
The opinion of the Court was delivered, by
Pociié, J.
The defendant appeals from a conviction of murder and. a sentence of imprisonment for life, and invokes relief under a motion in arrest of judgment.
His complaint is that the indictment under which he was tried does not contain the required averments of the crime of murder, and is therefore fatally defective.
The defect is alleged to consist in the omission of the word “willfully” in the description of the crime of murder.
That portion of the indictment reads: That the accused “did feloniously and of his malice aforethought kill and murder…
2Cited by5 opinions
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