Felony

An offence which occasions a total forfeiture of either lands or goods, or both, at common law, to which capital or other punishment may be superadded, according to the degree of guilt.

4 Bla. Com. 94; 1 Russ. Cr. 78; Co. Litt. 391; 1 Hawk. PI.

Cr. c.

37; U. S. V. Smith, 6 Wheat (U. S.) 163, 5 L. Ed. 57.

The essential distinction between felony and misdemeanor is lost in England since the Felony Act of 1870. The distinction there is perfectly arbitrary. At the present day in this country it simply denotes the degree or class of crime committed; 1 Bish. New Cr. L. § 616. Blackstone derives it from the Saxon peo or peoh, fee or feud, and the German Ion, price, aa being a crime punishable with the loss of the feud or benefice.

4 Com. 95.

But It is observed that this Saxon word originally signified money or goods, and only in a translated sense feud or inheritance; Lye, Sax. Diet.; and another commentator remarks, “as in petit larceny the lands are not liable to escheat, and petit larceny has always been ranked among felonies, a later writer seems inclined to derive it from palen in the sense of offending.

2 Wooddes. 610."

Bac. Abr. Felony.

In 2 Holdsw.

Hist. B. L. 302, It is said to be derived, probably, from the Latin fell or fel, meaning gall — an offence which is venomous or poisonous, citing 2 Poll. & Maltl. 463. Potbler defines felony as an atrocious wrong committed by a vassal towards bis lord, by which the former forfeited bis fief to the latter. In American law the word has no clearly defined meaning at common law, but includes offences of a considerable gravity; People v. Van Steenburgh, 1 Park. Cr. Rep. (N. Y.) 39; Matthews v. State, 4 Ohio St. 542. In general, what is felony under the English common law is such under ours; 1 Bish. Cr. L. § 617; Clark, Cr. L. 33. A crime is not a felony unless so declared by statute, or it was such at the common law; State v. Murphy, 17 R. I. 698, 24 Atl. 473, 16 L. R. A. 650. If a statute creates a non-capital offence, not declaring it to be felony, the law will give it the lower grade of misdemeanor; State v. HiU, 91 N. C. 561. The United States Revised Statutes contain no definition of the word, and the meaning of I 4090, referring to “offences ajgalnst the public peace amounting to felony under the laws of the United States,” is not altogether clear. But in the United States Criminal Code, § 335, all offences punishable by death or by Imprisonment for over one year are felonies; all other offenses are misdemeanors. It is defined by statute in many of the states, usually, in effect, that all offences punishable either by death or imprisonment in the state prison shall be felonies.

People V. Hughes, 137 N. Y. 29, 32 N. E. 1105; Territory v. Godfrey, 6 Dak. 46, 50 N. W. 481; U. S. V. Coppersmith, 4 Fed. 198, 2 Flip. 551.

Express words or necessary implication are required and doubtful words will not suffice; 1 Bish. New Cr. L. § 622. “When an act of congress makes punishable a crime which under the common law is felony, o forfelony; but where a national statute creates a non-capital offence, and is silent as to its grade, it is misdemeanor.”

1 Bish. New Cr, L. § 671.

See U. S. v. Wynn, 9 Fed. 886, which holds that common-law felonies are not within the purview of the constitution unless congress so enacts. Where a statute permits a milder punishment than imprisonment or death, this discretion does not prevent the offence being felony; People v. War, 20 Cal. 117; State v. Melton, 117 Mo. 618, 23 S. W. 889.

See Benton V. Com., 89 Va. 670, 16 S. E. 725; State V. Harr, 38 W. Va, 68, 17 S. B. 794; contra in Illinois; Lamkln v. People, 94 111. 501.

It has also been held that common-law felonies, punishable less severely than the statutory standard, do not, therefore, cease to be felonies; Drennan v. People, 10 Mich. 169; Ward V. People, 3 Hill (N. Y.) 396; but see Carpenter v. Nixon, 5 Hili (N. Y.) 260; 1 Bish. Cr. L. § 620. Receiving stolen goods was a felony so as to justify arrest without a warrant; Rohan V. Sawin, 6 Cush. (Mass.) 281; Wakely v. Hart, 6 Binn. (Pa.) 316, 2 Term 77, The following have been held not: Adultery; State V. Brunson, 2 Ball. (S. C.) 149; Anderson v. Com., 5 Rand, (Va.) 627, 16 Am. Dec. 776; State V. Cooper, 16 Vt. 551; assault with intent to murder; State v. Boyden, 35 N. C. 505: impeding an officer in the discharge of his duty; State v, Noyes, 25 Vt. 415; involuntary manslaughter by negligence; Shields v. Yonge, 15 Ga. 849, 60 Am. Dec. 698; Com, V. Gable, 7 S. & R. (Pa.) 423; mayhem; Adams V. Barrett, 5 Ga. 404; Com. v. Newell, 7 Mass. 245; perjury; A. v. B., 1 R. M. Charlt (Ga.) 228; 5 Exch. 378; piracy; 1 Salk. 85; Manro V. Almeida, 10 Wheat. (U. S.) 495, 6 L. Ed. 369. In England none of the maritime crimes were felony; Story, Const. § 1162. One may be guilty of misprision of felony, but not of a misdemeanor. In misdemeanor or treason one may commit the crime of a principal by procuring another to do the action in his absence; but in felony such person is only an accessory before the fact, A person against whose property a misdemeanor has been committed may sue the offender at once, but in case of felony he must by the better opinion first begin prosecution; 1 Bish. New Cr. L. § 609.

Felofiies cannot be prosecuted by information: U. S. v. Wynn, 9 Fed. 893.

See Compounding a Felont.

See Compounding a Felont.