Compounding A Felony

The act of a party immediately aggrieved, who agrees with a thief or other felon that he will not prosecute him, on condition that he return It is not necessary that the person with whom the composition was made should be guilty of the alleged felony (42 Ohio St. 405; 13 Wend. [N. Y.] 692), nor that the consideration for the compounding was received for the benefit of another (58 Iowa, 151). Though, at common law, the offense was restricted to the composition of felonies, the composition of misdemeanors is made penal in most of the United States. COMPRA Y VENTA (Spanish). Buying and selling. The laws of contracts arising from purchase and sale are given very fully in Las Partidas, pt. 3, tit. xviii. 11. 56 et seq.

The act of prosecute him, on condition that he return to him the goods stolen, or who takes a reward not to prosecute. See State v. Buckmaster, 2 Harr. (Del.).",32; Both well v. Brown, 51 111. 234; Chandler v. Johnson, 39 Ga. 85; Powell v. State, 51 Tex. Cr. R. 342, 101 S. W. 100G. This is an offence punishable by fine and imprisonment, and at common law rendered the person committing it an accessory; Hawk. PI. Cr. 125. And a conviction may be had though the person guilty of the original offence has not been tried; Watt v. State, 97 Ala. 72, 11 South. 901; or if no offence liable to a penalty has been committed by the person from whom the consideration is received; State v. Carver, 69 N. H. 216, 39 Atl. 973. A failure to prosecute for an assault with an intent to kill is not compounding a felony; Phillips v. Kelly, 29 Ala. 628. The accepting of a promissory note signed by a party guilty of larceny, as a consideration for not prosecuting, is sufficient to constitute the offence; Com. v. Pease, 16 Mass. 91; and the offence is committed although the consideration is for another than the one making the agreement; State v. Ruthven, 58 la. 121, 12 N. W. 235. The mere retaking by the owner of stolen goods is no offence, unless the offender is not to be prosecuted; Hale, PI. Cr. 546; 1 Chit. Cr. Law 4; Clarke, Cr. L. 329; Bothwell v. Brown, 51 111. 234. In an indictment for compounding a felony, it must be alleged that the felony was committed by the person with whom the corrupt agreement is made; State v. Hodge, 142 N. C. 665, 55 S. E. 626, 7 L. R. A. (N. S.) 709, 9 Ann. Cas. 563. The agreement not to prosecute being the gist of the offense, it must be clearly charged; Williams v. State, 51 Tex. Cr. 1, 100 S. W. 149. An information is insufficient if it fails to allege that the defendant intended to hinder the course of justice and allow the felon to escape unpunished; State v. Wilson, 80 Vt. 249, 67 Atl. 533. See note 20 L. R. A. (N. S.) 484. The compounding of misdemeanors, as it is also a perversion or defeating of public justice, is in like manner an indictable offence at common law; Jones v. Rice, 18 Pick. (Mass.) 440, 29 Am. Dec. 612; Pearce v. Wilson, 111 Pa. 14, 2 Atl. 99, 56 Am. Rep. 243; Mc Mahon v. Smith, 47 Conn. 221, 36 Am. Rep. 67. But the law will permit a compromise of any offence, though made the subject of a criminal prosecution, for which the injured party might recover damages in an action. There is said to be no reported case in England for compounding a misdemeanor, but that in grave cases (perjury or rioting) it would be held an offence; such agreements in lesser cases are often sanctioned by courts. and in cases when the injured party can both sue and prosecute (especially for an R. 10 Ch. 297. But, if the offence is of a public nature, no agreement can be valid that is founded on the consideration of stifling a prosecution for it; 6 Q. B. 308; Fay v. Oatley, 6 Wis. 42; Buck v. Bank, 27 Mich. 293, 15 Am. Rep. 189; Shaw v. Reed, 30 Me. 105; Jones v. Rice, 18 Pick. (Mass.) 440, 29 Am. Dec. 612; State v. Carver, 69 N. H. 216, 39 Atl. 973. Compounding a felony is an indictable offence. No action can be supported on any contract of which such offence is the consideration in whole or in part; Com. v. Pease, 16 Mass. 91; Mattacks v. Owen, 5 Vt. 42; Plumer v. Smith, 5 N. H. 553, 22 Am. Dec. 478; People v. Buckland, 13 Wend. (N. Y.) 592; Sneed v. Com., 6 Dana (Ky.) 338; Levy v. Ross, T. U. P. Charlt. (Ga.) 292. A receipt in full of all demands given in consideration of stifling a criminal prosecution is void; Bailey v. Buck, 11 Vt. 252. A contract which is void as compounding a felony is incapable of ratification; Stanard v. Sampson, 23 Okl. 13, 99 Pac. 796; the law leaves the parties where it finds them; it will neither aid in enforcing the contract, nor permit a recovery of the consideration; Town of Cottonwood v. Austin, 158 Ala. 117, 48 South. 345; Jourdan v. Burstow, 76 N. J. Eq. 55, 74 Atl. 124, 139 Am. St. Rep. 741. Proceedings on a judgment by confession will be enjoined where the consideration was stifling a prosecution for fopgery; Given's Appeal, 121 Pa. 260, 15 Atl. 468, 6 Am. St. Rep. 795. An injunction will be granted against action on a note given in consideration of compounding a felony; Porter v. Jones, 6 Coldw. (Tenn.) 313; 13 Sim. 513; contra, Adams v. Barrett, 5 Ga. 404; Allison v. Hess, 28 la. 388; Williams v. Englebrecht, 37 Ohio St. 383; Rock v. Mathews, 35 W. Va. 537, 14 S. E. 137, 14 L. R. A. 508. C0MPRA Y VENTA (Span.). Buying and selling. The laws of contracts arising from purchase and sale are given very fully in Las Partidas, part 3, tit. xviii. 11. 56.

The offense committed by a person who, having been directly injured by a felony, agrees with the criminal that he will not prosecute him, on condition of the latter's making reparation, or on receipt of a reward or bribe not to prosecute, The offense of taking a reward for forbearing to prosecute a felony; as where a party robbed takes his goods again, or other amends, upon an agreement not to prosecute. 29 Ark. 801; 4 Steph. Comm. 259.

crimes, is the act of a party immediately aggrieved, who agrees with he return te him the goods stolen, or who takes a reward not to prosecute. This is an offence punishable by fine and imprisonment. The mere retaking by the owner of stolen goods, is no oflence unless the offender is not to be prosecuted. Hale P. C. 546; 1 Chit. Cr. Law, 4.