Wittingly

Knowingly; designedly. for the judge to permit, against objection, al- Harrington v. State, 54 Miss. 493; Osborne v. lusion to it by the prosecution; Crandall v. Warren, 44 Conn. 359. People, 2 Bans. (N. Y.) 309; but not where the reference was in a retort by counsel to an W I T W 0 R D. A legally allowed claim, more interruption of his argument by the prisoner; especially the right to vindicate ownership Calkins v. State, 18 Ohio St 366, 98 Am. Dec. or possession by one’s affirmation under 121; and see People v. Tyler, 36 Cal. 522; oath. Vinogradoff, Engl. Soc. in 11th Cent. 9. but the error resulting from such comments

Means -with knowledge and by design, excluding only eases which are the result of accident or forgetfulness, and including cases where one does an unlawful act through an erroneous belief of his right. Osborne v. Warren, 44 Conn. 357.