Page:Black's Law Dictionary (Second Edition).djvu/497

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


his own life, or who commits some unlawful or malicious act which results in his own death. Hale, P. C. 411; 4 Bl. Comm. 1S9; Lite Ass'n v. Waller, 57 Ga. 536.

FELON. One who has committed felony: one convicted of felony.

FELONIA. Felony. The act or oli’ense by which a vassal forfeited his fee. Spel- man: Calvin. Per fcloaiavn, with :1 criminal intention. Co. Litt. 391.

Ihlanin, ex vi termini significat quad- lihet capitals cx-imen felleo iuiii.-no perpetratum. Co. Lltt. 391. Felony, by force of the term, signifies any capital crime perpetrated with a malignant mind.

Felania iinplicatux in qunlihet pro- ditione. 3 Inst. 15. Felony is implied i.u every treason.

FELONICE. Feioniously. Ancicntly an indispensable word in indictments for felony, und ciassed by Lord Coke among those -vaces artis (words of art) which cannot ire expressed by any periphrasis or circumlocution. 4 Coke. 39; C0. Lltt. 391m; 4 El. Comm. 307.

FELONIOUS. Malignant; malicious; done with intent to commit a crime: having the grade or quality of a felony. People v. Moore, 37 Hun (N. Y.) 93: Ailiman v. Com., 18 S. W. 9?S, 13 Ky. Law Rep. 894; State v. Bush. 47 Kan. 201, 27 Pac. SS4. 13 L. R. A. 607: Com v. Barlow, 4 Mass. 440.

—Felonioiui assault. Such an assauit upon the person as, if consummated, would subject the party making it. upon conviction, to the punishment of a felony. that is, to imprisonment in the penitentin v. I-linkie v. State. 94 Ga fi95, 21 S. E. 59fi.—I'el.oniuus ' In criminal law. The offense of ‘iii g a hu- man creature, of any age or sex, Without justification or excuse There are two degrees of this ofifense. mnnsiaugiiter and murder. 4 Bi. ('nm.m. 1 . 1 ; 4 Stcph. Comm. 108. 111; M. *9 v. syrunms. 40 S. C. 3S3. 19 S. F}. 16: (‘minor 1:. ('om.. 76 Ky. 718; State v. Miiler. 9 Houst. (Dcl.) 564. 32 Ati. 137.

PELONIOUSLY. With a felonious Intent: with the intention of committing a crime. An indispensable word in modern indictments for felony, as fcImm'(-e was in the Intin forms. 4 Bi Comm. 307; State v. Jo-ve. 19 N. C. 300; State v. Smith. 31 Wash. 2-!” i1 Pnc. 767: State v. Hnlpin, 16 S. D. '0 91 N. W. 605; People v. Willett, 102 .V' Y. 251, 6 N. E. 301; Shite v. Watson, 41 La. Ann 598. 7 South. 125; State v. l3l'y.1I|, 112 N. C. 848, 16 S. E. 903.

PELONY. In English law. This term meant originally the state of having forfeited lands and goods to the crown upon conviction for certain offenses, and then, by transition, any oflense upon conviction for which such forfeiture followed, in addition to any other punishment prescribed by law; as dis-



tinguished from :1 "misdemeanor," upon con- viction for which no forfeiture followed. All indictable oflenses are either felonies or mis- demeanors, but a material part of the distinction is taken away by St. SS & 34 Vict. c. ‘Z31, which abolishes forfeiture for felony. Wharton.

In American law. The term has no very definite or precise meaning, event in some cases where it is defined by statute. For the most part, the state laws, in describing any particulur olzfense, deciare whether or not it shall be considered :1 felony. Apart from this, the word seems merely to imply a crime of :1 grnver or more atrocious nature than those designated as "misdemeanor v. Coppersmith (C. C.) 4 Fed. V. U. S., 156 U. S 464, 15 Sup Ct. 467. 39 L. Ed. 494; Mitchell v. State. 42 Ohio St. 38G: State v. Lincoln, 49 N. El. 469.

The statutes or codes of seveiai of the states define felony us any public offense on conviction of which the offender is liable to be sentenced to death or to imprisonment in

1 penitentiary or state prison. Pub. St.

Mass. ISSZ, p. 1290; Code Ala. lSS(i. § 3701 Code Ga. lS82. § 3401; 34 Ohio St. 30 1 Wis. 1SS: 2 Rev. St. . Y. p. 587. § 30: People v. Van Steenhurgh, 1 Parker, Cr. R. (N. Y.) 39.

In feudal law. An act or offense on the part of the v.i.<sal. nhich cost him his fee, or in consequence of which his fee fell into the bands of his lord; that is, became for-G feited. (See FELONIA.) Perfidy. ingratitude, or disloyality to 21 lord.

—!‘e1ony act. The stntiite 3? & 34 Wet. c. 23. siiiolis-hing forfeitures for feiony, and sanctioning the appointment of interim curators and administrators of the property of felons. .VIoz- H ley & W'hitiey; 4 Srepli. Comm. 10. 459.- !‘el-uiy, compounding of. See l"oiIPoUNnnm F]:.LONY.—Misp1‘isiol1 of felony. See l\lI5l"RISl0N.

Fl-IIVIALE. The sex which conceives nnd | gives birth to young. Also a member of such sex. The term is generic, but may have the specific meaning of “woman." if so indicated by the context. State v. Hemm. 82 Iowa. 609. 48 N. W. 971.

FEME. L. Fr. A woman. In the phrase "boron. ct fame" (q. 1;.) the word has the sense of "wife "

—I‘eme covert. A married woman. Gener- ally used in reference to the legal disabiiities of a innrrled woman, as Compared with the condition of a frmn sale. Eloker v. Boggs, 63 Iii. lEil.—I'eme zole. A single woman. in- (‘l|ldln,r: those who haw been inniried, but wimse l:l]fll‘li.|..,"'P has been dissoived by death or di- vorce, null, for most pu uses. ibuse women who are judiciaily separated from theirliushnmls. Moziey .9. W'hitic_v: 2 Staph. Comm. 250. I\'irk- |_ le_v iv. Lacey. 7 Houst. (Dei.) 213, 30 Atl. 094. —I‘eme sole trader. ln 'ish law. A married woman, who, by the custom of London. trades on her own account. independently of her l]lISl’L'tl‘lllZ so cnlled because, with respect to her trading. she is the same as_ a fame sole.

Jacob: Cro. Cu. 68. The term is applied al- M