Intent is generally an element of a criminal offense and must be averred in the indictment; this is usually done by using the words of the statutory or common law definition indicating the intent. For instance, if the words wilfully and corruptly are used in describing the offense, these words should be used in stating the crime in the indictment, otherwise the indictment will be bad and may be quashed.66 So, if the word unlawfully is used in the statute as descriptive of the crime, an indictment which omits to use that word in describing the offense is bad.67 The criminal intent is sometimes indicated in the definition of the crime by the phrase "with intent." These words are material to make a good indictment, when they are used in the statutory description.68

63 Hughes' Or. Law, Sec. 2755; Hawley vs. Com., 78 Va., 847; Henderson vs. People, 117 Ill., 265; See Palmer vs. People, 138 Ill., 363. Hughes' Cr. Law, Sec. 2748;

State vs. Halida, 28 W. Va., 499; State vs. Lucus, 147 Mo., 70. 65 People vs. St. Clair, 56 Cal., 406; Hughes' Cr. Law, Sec. 2748.

Knowledge is sometimes made an element of a crime; for instance, it is a criminal offense to knowingly buy or receive stolen property. The word knowingly is essential in the description of the offense in the indictment.69 But of course if an offense consists merely of the doing of some forbidden act, irrespective of intent or motive, then the indictment is not required to state any intent.