A

PRACTICAL TREATISE

ON

CRIMINAL LAW,

AND

PROCEDURE IN CRIMINAL CASES,

BEFORE

JUSTICES OF THE PEACE

AND IN

COURTS OF RECORD

IN THE

STATE OF ILLINOIS,

WITH

FULL DIRECTIONS AND FORMS

FOR

EVERY CRIMINAL CASE.

BY

IRA M. MOORE,

AUTHOR OF "MOORE'S CIVIL JUSTICE."

CHICAGO:

CALLAGHAN AND COMPANY.

1876.

Blakely & Brown,

Book and Newspaper Printers, 151 & 153 Fifth Avenue. Chicago.

LELS

PREFACE.

The object of this book is, first, to furnish magistrates, sheriffs and constables a full and complete guide in criminal cases, and, secondly, to furnish to the members of the profession and to the courts a concise statement of the law now in force relating to crimes and to the procedure for their punishment.

The new constitution and the statutes recently revised render a large portion of many of the books already written on criminal law inoperative and useless. This useless matter is so mixed up with the useful in these books as to make it burdensome and difficult to select that which is in force from that which has been repealed; besides, it makes the books too large or too numerous for convenience. In this book I have endeavored to select and separate all the rules of the common law now in force from those which have become inoperative, and to engraft the constitution and statutes upon them so as to form of the whole one uniform and consistent system of criminal jurisprudence, at the same time omitting all of the superfluous and inoperative portions of the criminal law. No pains have been spared to make the work plain, clear and intelligible, and at the same time to compress it within such a compass as to have it contain in one volume all that is really useful and necessary, usually found in several volumes. The law is stated in the text as it is believed to be in the state of Illinois with a reference to the English and American decisions on which it is based, and where the authorities are conflicting, or the rule is different in England or in any of the other states, the word "contra" is added and the authorities so holding cited, so that the rule elsewhere may be readily ascertained by examining these authorities.