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 Latin. A malicious or evil intent. So it is if the horse stray into a neighbor's ground or common, it is felony in him that so takes him; but if the owner of the ground takes it damage feasant, or the lord seises it as a stray, tho perchance he hath no title so to do, this is not felleo animo, and therefore cannot be felony.

In Hawkins, P.C., book 1, c. 25, s. 3, Of Felony, it is said: ‘It is always accompanied with an evil intention, and therefore shall not be imputed to a mere mistake or misanimadversion.’ In Hale’s P.C., vol. 2, p. 184, it is said ‘an indictment of felony must always allege the fact to be done felonice.’ To the same effect is the language of Hawkins, P.C., book 2, c. 25, s. 55, and many cases are to be found in the books which put it beyond doubt that an indictment for felony is bad if it omits to aver the act charged to have been done ‘feloniously,’ and this whether the felony be one at common law or created by statute: Reg. v. Gray L. & C. 365. As ...

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