felony

as used in § 2(a) takes its meaning from federal statutes rather than from the common law... § 2(a) is not deprived of vitality if it is interpreted to exclude state felonies and to include only those federal felonies which affect the banks protected by the Act

At Common Law. An offense which occasions a total forfeiture of either lands or goods, or both, to which capital or other punishment may be superadded, according to the degree of guilt. 4 Bl. Comm. 94, 95; 1 Russ. Crimes, 42; 1 Chit. Prac. 14; Co. Litt. 391; 1 Hawk. P. C. c. 37; 5 Wheat. (U. S.) 153, 159. The common-law felonies were murder, manslaughter, rape, sodomy, robbery, larceny, arson, burglary, and perhaps mayhem. 1 Clark & Marshall, Crimes, 12; 2 Bish. New Crim. Law, § 1008. —

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.

In English law. This term meant originally the state of having forfeited lands and goods to the crown upon conviction for cortain offenses, and then, by transition, any offense upon conviction for which such forfeiture followed, in addition to any other punishment prescribed by law; as distinguished from a "misdemeanor," upon conviction for which no forfeiture followed. All indictable offenses are either felonies or misdemeanors, but a material part of the distinction is taken away by St 33 & 34 Viet, c. 23, which abolishes forfeiture for felony. Wharton.

In American law. The term has no very definite or precise meaning, except in some cases where it is defined by statute. For the most part, the sinte laws, in describing any particular offense, declare whether or not it shall be considered a felony. Apart from this, the word seems merely to imply a crime of a graver or more atrocious nature than those designated as "misdemeanors." U. S. v. Coppersmith (C. C.) 4 Fed. 205; Bannon v. U. S., 156 U. S. 464, 15 Sup. Ct. 467, 39 L. Ed. 494; Mitchell v. Sinte, 42 Ohio St. 386; State v. Lincoln, 49 N. H. 469. The statutes or codes of several of the states define felony as any publlc offense on conviction of which the offender is liable to be sentenced to death or to imprisonment in a penitentiary or state prison. Pub. St. Mass. 1882, p. 1290; Code Ala. 1886, § 3701; Code Ga. 1882, § 3404 ; 34 Ohio St. 301; 1 Wis. 188; 2 Rev., St. N. Y. p. 587, § 30; People v. Van Steenburgh, 1 Parker, Cr. R. (N. Y.) 39.

In fendal law. An act or offense on the part of the vassal, which cost him his fee, or in consequence of which his fee fell into the hands of his lord; that is, became forfeited. (See Felonia.) Perfidy, ingratitude, or disloyality to a lord.

— Felony act. The stafute 33 & 34 Viet. c. 23, abolishing forfeitures for felony, and sanctioning the appointment of interim curators and administrators of the property of felons. Mozley & Whitley; 4 Steph. Comm. 10, 459

— Felony, compounding of. See Compounding Felony.

— Misprision of felony. See Misprision.

In American law. Any high crime punishable by death or imprisonment.

In English law. An offense which occasions a total forfeiture of either lands or goods, at common law, and to which capital or other punishment may be superadded.

In feudal law. An act or offense on the part of the vassal, which cost him his fee, or, in consequence of which his fee fell into the hands of his lord, that is, became forfeited; perfidy, ingratitude or disloyalty to a lord.

COMPOUNDING OF. Sea CoMPOUNDING FELONY.

* An offense which, at common law, occasioned a total forfeiture of lands or goods, or both, and to which capital or other punishment could be added, according to the degree of guilt...

In general acceptation, comprises every species of crime which occasioned at common law the forfeiture of lands and goods.' The term is incapable of definition, and descriptive of no oilense. It conveys no distinct idea. Its origin has puzzled law-writers. It comprehended two descriptions of punishment, the one capital, with the forfeiture of lands and chattels; the other not capital, with forfeiture of chattels only, and burning in the hand, to which imprisonment could be added.* A vague term, definable by the statutes and decisions of each State for itself." In general, includes capital and State's prison offenses.^" The laws of the United States contain no definition. ' ' Tested by the common law, the term has no determinate meaning, and can apply to no case in this country except treason, where limited forfeiture of estate is allowed. But, technically, that is a crime of a higher grade than felony, although it imports also felony. If it be conceded that capital punishment imports a felony, there can be no felonies, at common law, except capital crimes. But that test is untechnical and founded in error. The notion of " moral degradation " by confinement in a penitentiary has grown into a general understanding that that constitutes any offense a felony. This modern idea has come into general use by force of State legislation on the subject.'" > 4 Bl. Com. 189; 2 id. 499; 3 C. B. 461. 2 2 Black, 678. '9 Mo. 152; 36 Pa. 136. < 18 How. 266. » 30 Minn. 204. ' Fee, feud; and Ion, price or value,— 4 Bl. Com. 95. L. L. felonem, tromfelo, fello, a traitor, rebel,

— Skeat. ' [4 Bl. Com. 94-98; 3 Col. 68; 10 Mich. 182; 23 N. Y. 257; 99 id. 216. • " Lynch f. Commonwealth, 88 Pa. 192 (1878), Agnew, Chief Justice. » Bruguier v. United States, 1 Dak. 7 (1867). >» See State v. Felch, 68 N. H. 3 (1876), cases; 20 Gal. 117; 4H Me. 218; 94 lU. BOl; 55 Ala. 341; 4 Ohio St. 542. From an early day, and as a necessity, the' State legislatures have passed laws defining and enumerating felonies as those crimes punishable by confinement in the penitentiary; and such confinement has come to be the test in nearly every State, i The term as used in acts of Congress is not susceptible of definition.^ As a rule, the grade of the offense is determined by the nature of the punishment prescribed. A crime which might be punished by imprisonment in a State's prison was a felony, in New York, prior to the adoption of the Penal Codel'^ ^ Offenses made felonies by statute are called statutory felonies, in contradistinction to common-law felonies — murder, manslaughter, rape, arson, burglary, theft, and robbery. The common -law procedure in the prosecution and punishment, without forfeiture, continues as the characteristic by which felony is distinguished from treason on the one hand and from misdemeanor on the other. Felon. One who has committed a felony. Felonious; feloniously. Generally, so indispensable in an indictment for felony, that no.other word will be recognized as equivalent.^ See Assault; Crime; Damages; Homicide; Infamy; Misprision.

1. An offence for which the criminal A serious offence; one punishable with death

* [L. Lat. felonia, fallonia; from Sax./eA, fief, feud, or fee; and Germ. Ion, price or value; the cost of one's fee, (Lat. pretium feudi;) or from Sax. fcslen, felen, to fail, fall, offend. Spelman.] In feudal law. An act or offence on the part of the vassal, which cost him his fee; or, in consequence of which his fee fell into the hands of his lord, that is, became forfeited. See Felonia. The word fdaay is clearly derived from the felonia of the feudal law, though the latter, according to Dr. Wooddesson, rarely occurs in any ancient code. It is to be met with, howeyer, in the collection of Sicilian laws by Lindenbrog, and more frequently in the Book of Feuds. 2 Wooddes. Lect. 306, note. Spelman, voc. J*elo. Though properly denoting merely the forfeiture of a fee, it seems to have acquired the same sense it bears in the common law, yiz., a heinous crime of any sort. Hotoman (de Verb, Fetid.) defines it to be any capital offence; {quodvU capitale fadnu8.) Cowell. Of the two etymologies of this word given by Spelman, {supra,) Sir William Blackstone has adopted that which derives it from the two words fee and Ion, 4 Bl. Cam, 95. Dr. Wooddesson prefers that from fcelen, and considers the other derivation far fetched. 2 f Vooddes. Lect, 306. It is a very judicious remark of the writer last quoted, on the subject of etymology, that ** words are oftener deduced from some dtter single word, than from two or more." Id. ibid. The division of words into parts, and the attempt to account for the formation of each part as a distinct and original element of composition, have often led to the most fantastic and absurd derivations. See Agreamentum, Testament.

crimes, is an offence which occasions 4 total forfeiture of either lands or goods or both at common law; and to which capital or other punishment may be superadded according to the degree of guilt. 4 BI. Com. 94, 5; 1 Russ. Cr. *42; 1 Chit. Pract. 14. = quently used in law. Baron und feme, husband and wife; feme covert, a married woman; jeme sole, a single woman.