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A Practical Treatise Upon the Criminal Law and Practice of the State of New York, Vol. 1 of 2




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Hersteller:Forgotten Books (Colby, John H.)
Stand:2015-08-04 03:50:33

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Produktbeschreibung

Excerpt from A Practical Treatise Upon the Criminal Law and Practice of the State of New York, Vol. 1 of 2: With an Appendix of Precedents; Designed for the Use of the Legal Profession, and All Public Offices Engaged in the Administration of Criminal Law, and as a Text-Book for Students At the common law the word "misdemeanor," in its usual acceptation, was applied to all those crimes and offences for which the law had not provided a particular name, and they were punished according to the degree of the offence by fine or imprisonment, or both. A misdemeanor is, in truth, any crime less than a felony, and the word is generally used in contradistinction to felony. Misdemeanors, comprehending all indictable offences which do not amount of felony. Misdemeanors are divided into two classes, such as are mala in se, or penal at the common law, and such as are mala prohibita, or penal by statute. I. Misdemeanors which become such by statutes are of two sorts: 1st. Those which consist in the commission or omission of any act enjoined or forbidden by statute, though by such statute such commission or omission is not made the subject of indictment. 2d. Those which consist of the omission or commission of any act which, by itself, is made specifically indictable. Where the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act is by statutory enactment to be deemed a misdemeanor. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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