Page:Black's Law Dictionary (Second Edition).djvu/308

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CRIME

“Infamous,” as used in the fifth amendment to the United Slates constitution. in reference to crimes, includes those only of the class called “men faisi." which both involve the charge of faist-hood, and may also injuriously affect the public administration of justice by introducing falsehood and fraud U. S. v. Block. 15 N. B. IL 3 Fed. (‘as. No. 14,609. By the Rcriscri Stat s of New York the term "infamous rrimc." “i|(‘D used in any statute. is directed to be construed as including every oifense punishable with death or by iniorisonment in a slate-prison, and no other. 2 Rev. St. I1). 702 5 31,] p. 587. § 32.—QIiasi crimes. This term embraces aii oL»nses not crimes or misdemeanors, but tint are in the nature of ci'imcs.Hi class of oi1'cn~-is against the public which have not been dFli.'lI‘(-‘d crimes, but wrongs against the general or local public which it is proper should he repressed or piinisheri by forfeiture: and peniiitirs. This wouid emhmce nil gm‘ tum actions and forfeitures imposed for the neglect or violation of a public duty. A quasi crime wonid not embrace an indictnhie offense, whatever might be its grade, but simply forfcitnrea for a wi-on: done to the pnbiic. uhetlier v4_aiuntnrv or invoiunlnry, where a pcnnity is given, whether recoverable by criminal or civil ‘process Wiggins v. Chicago. 68 Iii. 3Tfi.—Statutory crimes. Those created by statutes, as distinguished from such as are known to, or cognizable by, the common law.

CRINIEN. Lat. Crime. sation or charge of crime.

—Cx-imen furti. The crime or offense of tI]EfL—CI‘i.IllQll incendii. The crime of burning, which inciuded not only the modern crime of arson, but also the burning of a man, a heaat, or other chottci. Britt. c. 9: Ciahh. Eng. Law. 308.—Crimen innnminatllm. 'l‘iic naineiess crime: the crime against nature; sodomy or hug-.-I-ry.—Cx-imen rnptua. The crime of r.-ipc.—-Crinien 1-nberise. The offense of rnbl7ory.—I'1ngrnng orimen; Locu criminia; Pa:-tlcepa criminia. See those tit es.

Also an accu-

CRIMEN FALSI. In the civil law. The crime of falsifying; which might be committed either by writing, as by the forgerr of a wiil or other instrument; by words, as by bearing false witness, or per- jury; nnd by acts, as by counterfeiting or aduiteruting the public nioney, dealing with false weights and nicnsures. counterfeiting seals, and other franduient and deceitfni practices. Dig. -18. 10: Hailifnx, Civil Law. b. 3. c. 12. nn. 5('r59.

In scotch law. It has been defined: "A friuidnient imitation or suppression of truth. to the prejudice of another.” Ei-sh. Inst. 4. -1. 66.

At common law. Any crime which mnv iujiiiinnsiy ntfect the zuiniinistration of justice, by the introtliici-ion of falsehood and fr'iud. 1 Greeni. EV. 5 373.

In modern law. This piirase is not used as a (iesi.':u:1ti(\ii of any specific crinie, but us a generai dcsignaliou of a l'i'1SF of offenses. including nli siith ns imuive den-‘it or faisification; e. g., forgery, counterfeiting. using fuise weights or me.isuros_ per- jury’. etc.

Incimles for5.'e1'.V. Deltlliry, snhornminn of perjury, and oflfenses affecting the public ad-

300

CRIMINAL

ministration of justice. Matzeiiilniigh V. People, 191 Ii]. 108, 02 N. E. 546, 88 Am. Si‘. Rep. 134: Little v. Gibson. 89 N H. 510; State v. Randolph, 24 Conn. 365; Webh V. State. 29 Ohio St. 3584; Johnston r. Riley, 13 Ga. 97.

Crimen fnlsi dicitur, cum quip illicitua, cni non fuerit ad lime data, auctorih as, de sigillo regis, rapto vel inventn, brevin, cartasve consignuverit. Flelil. lib. 1, c. 23. The crime of forgery is when any one iiiicitly, to whom power bnsnotboen given for such purposes, has signed wriis or charters with the king's seal, either stoieu or found.

CRIMII-IN LESE MAJESTATIS. In criminal ion’. The crime of icsc-majostjl, or injurim majesty or royaity; high treason. The term was used by the oider English law- wrltcrs to denote any crime affecting the king's person or dignity.

It is borrowed from the civil law. in which it signified the undertaking of any enterprise against the emperor or the repnbiic. Inst. 4. 18, 3.

Crimen "Isaac majeatatia omnia aii: crimina excedit qnoad poznarn. 3 Inst. 210. The crime of treason exceeds aii other crimes in its punishment.

Crirnen omnin ex ae nuts vitiat. Crime Vitiates everything which snriugs from it Henry V. Bank of Sniina, 5 Hill (N. Y.) 5%. 531.

Crimen trahit personam. The crime carries the person. (i. 8., the commission of a crime gives the courts of the place where it is committed jurisdiction over the person of the oifender.) Peopie v. Adams. 3 Deiiio (N. Y.) 190, 210, 45 Am. Dec. 468. Crirninn morte extinguuntut. Crimes are extinguished by death.

CRIMINAL. n. One who has committed a crhninai offense: one who has been legaliy convicted of 11 crime; one adjudged guilty of crime. llioiiueux v. Coliins. 177 N. Y. 395. 69 N. E. 727, 65 L R. A. 104.

CRIMINAL, adj. That which pertslnsto or is connected with the low of crimes. nr the administration of penal justice, or whith reinios to or has the character of (rime. Ciizirieston v. Beller, 45 W. Va. 44, 30 S. 1‘. Lin; State v. Burton. 11:! N. C. 655. 18 S. E. (‘i.'i7. —CrirniiuiJ act. A term which is eqnivnir-nt to crime; or is sometimes used with a s ‘ softening or :10 sing of the moaning, or ns x

rting a po. iiile question of the lczni gm of the rice-ri.— x-iminn] action. The prn<'ee:i- in: by which a party l"i‘lflX‘:;’(‘d with it public olTr-use is arulsfld and hron_.-zht to trial und pum

is'inicnt is known as A “criminal action." Pen.