Falsely

in opposition to the truth.

Under a statute making it a misdemeanor “wilfully to make a false answer," an indictment clmrging that one “falsely and fraudulently answered,” is bad for omitting “wilfully;” 1 Den. C. O. 157. In an indictment for forgery the averment that defendant swore falsely was held insufficient, without the additional words “corruptly and wilfully;” Cro. Eliz. 201; and “falsely and corruptly” were held insufficient without “wilfully;” id. 143; and falsely and maliciously were held insufficient without “wilfully and corruptly,” with a quere whether one of the last two words would suffice without 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 necessary under stat. 5 Eliz. c. 9. An indictment for perjury was held good without the averment that the defendant did falsely, corruptly, and wilfully swear, etc., and the court said: “The words falsely, corruptly, and wilfully... are mere expletives to swell the sentence, in the language of Lord Hardwicke, 1 Atk. 50;” Respubllca v. Newell, 3 Yeates (Pa.) 407, 413, 2 Am. Dec. 381. In obtaining 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 must be a fraudulent or criminal Intent In the act; U. S. v. King, 6 Mc Lean 208, Fed. Caa No. 16,535. See also 4 B. & 0. 829; 6 Com. Dig. 68; Stark. Cr. PI. 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 PI. 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 suing 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 Munf. (Va.) 10, 5 Am. Dec. 445; contra as to conspiracy; Griffith v. Ogle, 1 Binn. (Pa.) 172.