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TREATISE

ON

CRIMINAL LAW.

BY

FRANCIS WHARTON, LL.D.,

LATE MEMBER OF THE INSTITUTE OF INTERNATIONAL LAW ;
AUTHOR OF TREATISES ON EVIDENCE," "CONFLICT OF LAWS," "NEGLIGENCE,"." AGENCY,"

AND "MEDICAL JURISPRUDENCE."

IN TWO VOLUMES.

VOLUME I.

TENTH EDITION, REVISED WITH LARGE ADDITIONS

BY

WM. DRAPER LEWIS, Ph.D.

PHILADELPHIA:
KAY & BROTHER,
LAW PUBLISHERS, BOOKSELLERS, AND IMPORTERS.

1896.

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Entered according to Act of Congress, in the year 1846, by

JAMES KAY, JR., AND BROTHER, in the Office of the Clerk of the District Court of the United States, in and for the

Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1852, by

JAMES KAY, JR., AND BROTHER, in the Office of the Clerk of the District Court of the United States, in and for the

Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1855, by

KAY AND BROTHER, in the Office of the Clerk of the District Court of the United States, in and for the

Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1857, by

KAY AND BROTHER, in the Office of the Clerk of the District Court of the United States, in and for the

Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1861, by

KAY AND BROTHER, in the Office of the Clerk of the District Court of the United States, in and for the

Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1868, by

KAY AND BROTHER, in the Office of the Clerk of the District Court of the United States, in and for the

Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1874, by

KAY AND BROTHER,
in the Office of the Librarian of Congress, at Washington.

Entered according to Act of Congress, in the year 1880, by

FRANCIS WHARTON,
in the Office of the Librarian of Congress, at Washington.

Entered according to Act of Congress, in the year 1885, by

FRANCIS WHARTON,
in the Office of the Librarian of Congress, at Washington.

Entered according to Act of Congress, in the year 1896, by the

ESTATE OF FRANCIS WHARTON,
in the Office of the Librarian of Congress, at Washington,

DORNAN, PRINTER.

PREFACE TO TENTH EDITION.

The Editor, after a careful examination of the text, concluded that any alteration was unnecessary. He has carefully examined all the recent cases, and inserted in the notes every case which has applied the principles laid down in the text decided since the appearance of the last edition.

In this way citations to upward of nine thousand new cases have been made.

At the end of each chapter, under the head of Points requested for the defence improperly refused, and erroneous charges, a statement of cases designed as, “Suggestions for the Defence,” has been made. All those cases relating to the subject of a chapter in which a conviction has been set aside on appeal, either because the trial Judge has refused to affirm a point submitted by the defendant's attorney which ought to have been affirmed, or because there has been error in his charge to the Jury, have been collected and arranged.

In every case the words of the point improperly refused or the erroneous charge are given. It is believed that a lawyer having a client to defend will find practical assistance in the preparation of his “points” from these collections of cases.

It is thought that the addition of the date of the decision to the citation will be of use both to the busy lawyer, who desires to look at only the latest authorities, and to the student, who wishes to follow the development of the law.

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