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Falsely

wilfully, held, false and maliciously

FALSELY. Under a statute making it a misdemeanor "wilfully to make a false an swer," an indictment charging that one "falsely and fraudulently answered," is bad for omitting "wilfully ;" 1 Den. C. C. 157.

In an indictment for forgery the averment that defendant swore falsely was held insuffi cient, without the additional words "corrupt ly and wilfully ;" Cro. Eliz. 201; and "false ly and corruptly" were held insufficient with out "wilfully ;" id. 143 ; and falsely and ma liciously were held insufficient without "wil fully and corruptly," with a quere whether one of the last two words would suffice with out the other ; 7 D. & R. 665 ; but in Cox's Case, Leach 69, it was held that wilfully was not required at common law but was neces sary under stat. 5 Eliz. c. 9. An indictment for perjury was held good without the aver ment that the defendant did falsely, corrupt ly, and wilfully swear, etc., and the court said: "The words falsely, corruptly, and wil fully . . . are mere expletives to swell the sentence, in the language of Lord Hard wicke, 1 Atk. 50 ;" Respublica v, Newell, 3 Yeates (Pa.) 407, 413, 2 Am. Dec. 381. In ob taining money under false pretences it is not enough to charge that the defendant falsely pretended by certain pretences set forth, without specially averring the falsity of the pretences ; 2 M. & S. 379.

The use of the word falsely in a statute (against counterfeiting) implies that there must he a fraudulent or criminal intent in the act; U. S. v. King, 5 McLean 208, Fed. Cas. No. 15,535, See also 4 B. & C. 329; 6 Com. Dig. 58; Stark. Cr. Pl. 86.

In an action for libel, "wrongfully and falsely published" will,, it seems, amount to maliciously published, but it is better to add falsely and maliciously ; 1 Chit. Pl. 421; the word falsely must have great stress laid on it in an action for slander ; 2 Wils. 300, 301. Case will lie for falsely and maliciously su ing out a commission in bankruptcy ; 2 Wils. 145; or for falsely, maliciously, and without probable cause procuring a search warrant; 1 D. & R. 97. In an action on the case for conspiracy or for malicious prosecution, the allegation that the prosecution was false and malicious is not sufficient without averring a want of probable cause; Kirtley v. Deck, 2 Muni. (Va.) 10, 5 Am. Dec. 445; contra as to conspiracy ; Griffith v. Ogle, 1 Binn. (Pa.) 172.