Supreme Court of Arkansas January 15, 1848 (McCoy v. State)

Johnson, C. J.

The objection taken to the indictment we conceive to be wholly untenable. The allegation that the offence was committed feloniously, unlawfully, and with malice aforethought, most assuredly implies a wilfulness to do the act; and if the term ‘i wilfully5 ’ had been expressly inserted, it could have amounted to nothing more or less than mere surplusage.