from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
UNLAWFULLY, pleadings. This word is frequently used in indictments in the
description of the offence; it is necessary when the crime did not exist at
common law, and when a statute, in describing an offence which it creates,
uses the word, 1 Moody, Cr. Cas. 339; but it is unnecessary whenever the
crime existed at common law, and is manifestly illegal. 1 Chitty, Crim. Law,
*241; Hawk. B. 2, c. 95, s. 96; 2 Roll. Ab. 82; Bac. Abr. Indictment, G 1
Cro. C. C. 38, 43.