Wykes, Rex v. (Andr. 238) 684 - v. State (11 Humph. 200) 330, 340 Wylde. Cookman (Cro. Eliz, 492) 701 Y. 378) Wynn, Rex v. (2 East. R. 226) 574 661 942, 952, 991 22, 778, 901 v. People (65 Ills. 374) 815, 835, v. State (1 Blackf. 28) Yates . Judd (18 Wis. 119) e. Lansing (5 John. 282) v. People (32 N. Y. 509) 13 374, 847 Zenobio v. Axtell (6 T. R. 162) 723 12, 56 Zumoff v. State (4 Greene Iowa, 471, 46, 210, 277 A PRACTICAL TREATISE ON CRIMINAL LAW. CHAPTER I. CRIMES IN GENERAL. §1. Offenses Classified-Treason-Felony Defined. 2. Misdemeanors Defined. 3. Infamous Crimes. 4. When an Infant may Commit a Crime. 5. Insanity-Idiocy. 6. Counseling Infant, Idiot, or Lunatic to Commit Crime. 7. Drunkenness. 8. Married Woman Acting under Coercion of Husband. 9. Committing Crime under Compulsion. 10. The Criminal Intent. 11. Effect of a Mistake or Ignorance of the Law. 12. Effect of a Mistake or Ignorance of the Facts. 13. Law in Force at the Time the Offense was Committed Governs. 14. Former Jeopardy. 15. Continued. 16. Continued-Effect of a Verdict of Guilty of a Lesser Offense or upon one of Several Counts. 17. What Statutory Offenses Indictable. 81. Offenses Classified - Treason Felony Defined. "A criminal offense consists in the violation of a public law, in the commission of which there shall be a union or joint operation of act and intention, or criminal negligence."" Crimes at common law are divided into three classes: treasons, felonies 1 R. S., 394, § 280. and misdemeanors.1 At common law a felony comprised every species of crime which occasioned the forfeiture of eíther lands or goods or both. The chief, if not the only, felonies at common law were murder, manslaughter, arson, burglary robbery, rape, sodomy, mayhem, and larceny.10 Treason at common law was a felony and something more, making it a higher crime." In this state a felony is defined by statute to be "an offense punishable with death or imprisonment in the penitentiary."2 - § 2. Misdemeanors Defined. Misdemeanors comprise all offenses lower than felonies which may be the subject of an indictment. They are of two classes, such as are mala in se or punishable at common law, and such as are mala prohibita or penal by statute. Whatever, under the first class, mischievously affects the person or property of another, or openly outrages decency, or disturbs public order, or is injurious to the public, or is a breach of official duty, when done corruptly is the subject of indictment.13 "When the performance of an act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the doing of such act is a misdemeanor, and may be punished by fine not exceeding one hundred dollars, or imprisonment in the county jail not exceeding six months, or both, in the discretion of the court."4 2 Every person convicted of the Adams v. Barrett, 5 Ga., 404; 4 Black. Com., 94, 95. 31 Whart. Cr. L., § 2. 3 Chitty Cr. L., 1120; Sampson v. Com., 5 Watts & S., 385. 7 1 Hale P. C., 627; 3 Inst., 60; 1 East P. C., 434; Mears v. Com., 2 Grant Pa., 385. 4 Black. Com., 215; 1 Hawk P. C., 4; 1 Whart. Cr. L., § 2. 1 Whart. Cr. L., § 2, 11, 71 to 1175; contra, Com. v. Newell, 7 Mass., 248; Adams v. Barrett, 5 Ga., 403; 2 Bish. Cr. L., § 108. 1o People v. Adler, 3 Park. Cr. R., 254; Ward v. People, 3 Hill, 398. "11 Bish. Cr. L., § 612. 12 R. S., 394, § 277. 1 Id., § 278; Walsh v. People, 65 Ills., 58. 14 R. S., 394, § 278. crime of murder, rape, kidnapping, willful and corrupt perjury or subornation of perjury, arson, burglary, robbery, sodomy, or other crime against nature, incest, larceny, forgery, counterfeiting, or bigamy, shall be deemed infamous, and shall forever thereafter be rendered incapable of holding any office of honor, trust or profit, of voting at any election, or serving as a juror, unless he is again restored to such rights. by the terms of a pardon for the offense, or otherwise according to law." 4. When an Infant may Commit a Crime. "An infant under the age of ten years cannot be found guilty of any crime or misdemeanor.”2 Between the ages of ten and fourteen he is presumed to be incapable of committing any crime whatever; but this presumption may be rebutted by evidence of circumstances showing clearly that the infant was at the time of committing the offense capable of knowing the distinction between good and evil." Malice supplies age, but the evidence of that malice which is to supply age ought to be strong and clear beyond all reasonable doubt. At and above the age of fourteen, an infant is presumed, in point of understanding, capable of committing any crime until the contrary be proved. To these rules there are some exceptions, for an infant is not liable criminally for mere non-feasance, such as (if under the age of eighteen) not apprehending persons committing felonies, or the like." It has been held that an infant under the age of fourteen years is physically incapable of committing the crime of rape. Under our statute he cannot commit such 'R. S., 394, § 279. * Id., § 283. State v. Goin, 9 Humph., 175; Rex v. Owen, 4 Car. & P., 236; 3 Greenl. Ev., § 4; 1 Arch. C. P. & Pl., 8; 1 Bish. Cr. L., 368. 4 * Id.; R. S., 394, § 282; State v. Gould, 5 Halst., 163; State v. Aaron, 1 Southard, 231; People v. Garrett, 5 City Hall Rec., 137. 4 Black. Com., 24; Rex v. Owen, 4 Car. & P., 236; State v. Bostick, 4 Harring. Del., 563; 3 Chitty Cr. L., 724. 3 Greenl. Ev., § 4; 1 Hale, 25; State v. Handy, 4 Harring. Del., 566. '1 Arch. C. P. & Pl., 8; R. S., 400, § 341. * Rex v. Eldersham, 3. Car. & P., 396; Reg v. Jordon, 9 Car. & P., 118; People v. Randolph, 2 Parker, 213; Rex v. Groombridge, 7 Car. & P., 582; Reg. v. Phillips, 8 Id., 736; State v. Handy, 4 Harring. Del., 566; State v. Sam, Winston, 300. |