Misdemeanor

In a general sense, any punishable act; but the word is most used to designate the less aggrarvated crimes; offences punishable by indictment, but not amounting to felony. Except within jurisdictions where a statutory definition of "misdemeanor" has been given, it cannot be said to be used with exactness or precision. The expressions high crimes and misdemeanors, felonies and misdemeanors, are in common use, as embracing all offences, and indicating a general division into such as are of graver enormity and such as are of lighter criminality; but the line of division must be sought in the statute of the jurisdiction. Otherwise, the use of the term is far from uniform. Blackstone says that crime and misdemeanor are properly synonymous terms, though, in common usage, the word crimes is commonly used to distinguish such as are of deeper dye. (4 Bl. Com. 5, note.) Chitty says that misdemeanor means every offence inferior to felony, but punishable by indictment, or by particular described proceedings. (1 Chitt. Gen. Pr. 14.) Jacob says that it is generally used in contradistinction to felony, and comprehends all indictable offences which do not amount to felony; and that Chief Justice Savage, of New York, defined it as the antithesis of felony, and as including every offence below felony punished by indictment (Matter of Clark, 9 Wend. 212, 222; Sonu. People, 12 Wend. 314); but this was said under statutory definitions of the state. The revised statutes of New York (1828-80) divided crimes into felonies and misdemeanors; defined felony as any crime which is, or may be, punishable with death, or by imprisonment in a state prison; and declared every other crime to be a misdemeanor. This system enabled the legislature to use the term misdemeanor as distinguishing a division of offences; and it has been constantly so used in the legislation of the state. Substantially the same division has been adopted in several other states. In acts of congress, " misdemeanor " has been but seldom used, and to assign a precise meaning to it would be difficult. See Felony. As a technical term, the word is practically useless, for want of a precise signification, except within jurisdictions like New York, where the legislature has aflixed a definition to it, and has prescribed, by some general enactment, a certain measure of punishment for all misdemeanors for which no special penalty is declared. Where this is done, subsequent legislatures may declare various acts or neglects to be misdemeanors, without restating the punishment in each enactment; and this becomes a convenient system for legislating upon lesser offences. Under such a system, the word becomes exceedingly useful and important. Misdemeanor is a species of crime or offence comprehending all breaches of public law less than felony, as perjury, libels, conspiracies, assaults, &c., which are not so atrocious as murder, burglary, arson, &c., which are felonies.

Wharton.

A misdemeanor is an act committed, or omitted, in violation of a public law either forbidding or commanding it. This general definition, however, comprehends both crimes and misdemeanors, which, properly speaking, are mere synonymous terms; though, in common usage, the word crimes is made to denote such offences as are of a deeper and more atrocious dye; while smaller faults and omissions of less conse- "misdemeanor " is generally used in contradistinction to felony; and misdemeanors comprehend all indictable offences which do not amount to felony, as libels, conspiracies, attempts and solicitations to commit felonies, &c. Brown. The punishment of a misdemeanor at common law was by fine and imprisonment, at the discretion of the court; and this is the law at the present day, in cases to which no statutory enactment applies. But the misdemeanors most frequently committed are punishable with hard labor, under various statutes, and, in many cases, with penal servitude, for terms specified in the acts relating to them. The distinction between misdemeanor and felony is now in great measure unmeaning; but it is not yet entirely obsolete. Larceny, for instance, is a felony, and obtaining goods by false pretences is a misdemeanor, although the punishment attached to each is the same. Moztey ^ W. The word misdemeanor, as used in the act of 1860, eh. 196, does not denote a criminal offence, but refers to a trespass done by a sheriff in his official capacity.

State V. Mann, 21 Wis. 684.