mental force 430-435 how considered differently from physical force fraud - parting with property-possession, in lar- 430 430. 431 432 433 assuming to be an officer-wrongly using legal pro- views concerning the distinction of felony and misdemeanor 449 a, 449 b As to Felony 454-465 454 455-461 - persons guilty of felony are principals or accessories, — and meaning of the term As to Treason . no two degrees of principals As to Misdemeanor no two degrees of principals persons far from the act not indictable illustrations CHAPTER 36. ACCESSORIES AND THE LIKE Introductory Views difference between accessories before and after the fact the general idea of an accessory reason of distinction between accessory and principal The General Doctrine. how accessory follows principal -no higher offence how, where principal cannot be convicted. erroneous attainder of principal-pardon whether accessory may deny his principal's guilt statutes removing obstructions to prosecution their interpretation Accessories before the Fact in Felony . term accessory more appropriate in felony principal and accessory both felons, and punished alike accessory, how distinguished from principal from attempt in forgery, murder, burglary, larceny, &c. accessory before to accessory before Persons sustaining, in Treason, the like Relation as Accessory sory before Persons sustaining, in Misdemeanor, the like Relation as Acces- doer only guilty of some crimes from their peculiar nature Accessories after the Fact in Felony who such accessory on what principle held 483-485 procurer principal 486-494 487,490 487 receiving stolen goods knowing, &c. or receiving back the stolen goods criterion to distinguish accessory after when election to hold as accessory or principal felon receiving the accessory before the fact may be accessories after, in manslaughter Persons sustaining, in Treason, the Relation of Accessory after 489 490 491 492 492 493, 494 of the States Persons sustaining, in Misdemeanor, the Relation of Accessory bonds, &c. given by way of satisfaction CHAPTER 38. MISPRISION meaning of the term is a misdemeanor. how far the thing done must be adapted to produce the re- 516, 516 a, 517 a, 527 no man deemed to attempt what he knows impossible of law-presumed to know the law 518 a-518 d, 527 carnal abuse of child, &c. attempt to charge with felony acts toward committing substantive offence indictable other- wise than as attempts some offences too small to have attempts but, generally, nature of act done immaterial 536 537 539, 539 a 540, 541 guilty person holden for whatever form of his offence pros- difficulty as to how the criminal act may be cut up exception where allegation does not include the less offence The Doctrine Qualified in Various Circumstances. in England, no conviction of misdemeanor on indictment for this doctrine not received in all the States. 542 543-551 Vermont and Massachusetts doctrine American and English statutes how, where the allegation of the felonious matter is defective how, if felony is proved on indictment for misdemeanor want of jurisdiction in the court 547 548 549 550 551 552-567 552, 553 552 |