Ex Parte Allen
Supreme Court of Alabama
1Opinion of the Court
FOSTER, Justice.
We agree with the Court of Appeals that the absence from the indictment of the word “knowingly,” in connection with the word willfully is not such a fatal defect as that it will not sustain a conviction, there having been no demurrer to it on that ground. True, there may be a willful act, without knowingly doing a wrong. But there may be an inference that it was “knowingly” done from the fact that it was willful. Peebles v. O’Gara Coal Co., 239 Ill. 370, 88 N.E. 166. Sometimes and for some purposes the words are said to convey the same idea. Schultz v. Henry Ericsson Co., 264…
2Cases cited3 opinions
- Schultz v. Henry Ericsson Co.Illinois Supreme Court · 1914
- Jinright v. StateSupreme Court of Alabama · 1929
- Peebles v. O'Gara Coal Co.Illinois Supreme Court · 1909
3Cited by11 opinions
- Fuller v. StateSupreme Court of Alabama · 1952
- Barbee v. StateCourt of Criminal Appeals of Alabama · 1982
- Evans v. StateSupreme Court of Alabama · 1978
- Mitchell v. StateSupreme Court of Alabama · 1946
- Ex Parte HortonSupreme Court of Alabama · 1984
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