Appeal

[L. Lat. appellum; L. Fr. appel, from appeller, to call upon, or challenge.] In old English criminal law. A proceeding in the nature of a criminal prosecution, being an accusation by a private subject against another for some heinous crime, demanding punishment on account of the particular injury offered, rather than for the offence agamst the public. 4 Bl, Com. 312. In other words, it was a private process for the punishment of a public crime. Id, ibid. Bracton (fol. 146,^ calls it a criminal action, {actio criminalist and Britton defines it to be "a complaint made by a man against another, with the purpose of attainting him of felony by words ordained for that purpose;" {pleynte de home faite sur autre, ovesque purpos de luy atteindre de felonie, par motz a ceo ordines.) Britt. c, 22. Co, Litt. 123 b. An appeal was a vindictive action at the suit of the party injured by some heinous offence, in which the appellant, instead of merely seeking pecuniary compensation, as in civU actions, demanded the punishment of the criminal. P, Cyclopedia. Appeals were of various kinds, as appeals of murder, robbery, rape, arson and maihem, and were in general triable by battel. Bract. lib. 3, tr. 2, cc. 19—30. Britt, c. 22. Co. Litt. 287 b. 4 Bl. Com. 314. 2 Wooddes. Led, 337. They were abolished in England by statute 59 Geo. III., c. 46. Lord Holt once said he esteemed an appeal a noble remedy, and a badge of the rights and liberties of an Englishman. Rex v. Toler, 1 Ld. Raym. 555, 557. Appeal was also the name given to the proceeding in English law where a person, indicted of treason or felony, and arraigned for the same, confessed the fact before plea pleaded, and appealed, or accused others his accomplices in the same crime, in order to obtain his pardon. In this case he was called an approver. or prover, and the party appealed or accused, the appellee. 4 Bl. Com. 330. To APPEAL. [L. Lat. appellare; X. Fr. appeller^ In practice. To call upon a superior court to correct or reverse the judgment or decision of an inferior one; to remove a cause from an inferior to a superior court, for the purpose of re-examination or revi^.

In old criminal law. To accuse. To appeal a man is as much as to accuse him— from appeller, to call, because appellans vocat reum in judicium; the appellant calls the defendant to judgment. Co. Litt. 287 b.