Feloniously

This is a technical word which at common law was essential to every indictment for a felony, charging the offence to have been committed feloniously; no other word nor any circumlocution could supply its place; Com. Dig. Indictment (G 6); Bac. Abr. Indictment (G 1); 2 Hale, Pl. Cr. 172, 184; 1 Ben. & H. Lead. Cr. Cas. 154. It is still necessary in describing a common-law felony, or where its use is prescribed by statute; Whart. Cr. Pl. § 260; Bowler v. State, 41 Miss. 570; Cain v. State, 18 Tex. 387; State v. Feaster, 25 Mo. 324; State v. Rucker, 68 N. C. 211; Carder v. State, 17 Ind. 307; State v. Gove, 34 N. H. 510. An indictment for burglary which does not allege that the breaking and entering was "feloniously and burglariously" done is bad, and the defect is not cured by verdict; State v. McClung, 35 W. Va. 280, 13 S. E. 654. In an indictment it is equivalent to purposely or unlawfully; State v. Bush, 47 Kan. 201, 27 Pac. 834.