Arrest see Arrest 5 C. J. p 379. Bail see Bail § 166 et seq. CROSS REFERENCES Bill of particulars see Indictments and Informations [22 Cyc 371]. Commutation of sentence see Pardons [29 Cyc 1558]. Concurrent and conflicting jurisdiction of state courts as to prisoner under arrest see Courts § 585. Conformity of federal court to state practice see Federal Courts [11 Cyc 887]. Conspiracy see Conspiracy § 18. Constitutional rights and privileges of accused: Due process of law see Constitutional Law § 969. Equal protection of the laws see Constitutional Law § 874 et seq. Excessive bail see Bail § 222. Ex post facto laws see Constitutional Law § 803. Freedom of speech and of the press see Constitutional Law § 467. Information as to nature and cause of accusation see Personal liberty see Constitutional Law §§ 445-448. Religious liberty and freedom of conscience see Right to compulsory process see Witnesses [40 Cyc 2156]. Self-crimination see Constitutional Law § 449; Witnesses [40 Cyc 2537]. Unreasonable searches and seizures see Searches and Convict see Convicts 13 C. J. p 911. Competency as witness see Witnesses [40 Cyc 2205]. Costs in criminal cases see Costs § 788 et seq. Act as cause of action see Actions § 49. Generally see Husband and Wife [21 Cyc 1626]. Information see Indictments and Informations [22 Cyc 186, 259]. Libel see Libel and Slander [25 Cyc 567]. Negligence: Defined see Negligence [29 Cyc 424]. As constituting assault and battery see Assault and Battery § 182. Causing death as manslaughter see Homicide [21 Cyc 765]. In office see Officers [29 Cyc 1450]. See also Counties § 214; Highways [37 Cyc 220]; Municipal Corporations [28 Cyc 479]; Towns [38 Cyc 633]. Of carrier see Carriers §§ 1397, 1398. Prosecution: As condition precedent to instituting civil action for trover see Trover and Conversion [38 Cyc 2058]. Distinguished from civil action see Actions §§ 8, 49, 135. Fear of duress in execution of contract see Contracts § 315. Prohibition to restrain see Prohibition [32 Cyc 620]. Decision in state court in regard to criminal law as authority in federal court see Federal Courts [11 Cyc 8971. Deposition in criminal prosecution see Depositions [13 Cyc 845]. Disabilities and regulation of convict see Convicts 13 C. J. p 911. Disability of person convicted of crime to make will see Wills [40 Cyc 998]. Discovery in aid of action arising from criminal wrong see Discovery [14 Cyc 306]. District attorney see District and Prosecuting Attorneys [32 Cyc 687]. Divulging evidence before grand jury to person indicted see Grand Juries [20 Cyc 1355]. Examination of witnesses see Witnesses [40 Cyc 2406]. Exemplary damages for act punishable as crime see Damages [13 Cyc 118]. Exemption of accused from arrest on civil process see Arrest § 141. Extradition of accused see Extradition [19 Cyc 50, 84]. Fine generally see Fines [19 Cyc 543]. Grand Jury see Grand Juries [20 Cyc 1291]. Habeas Corpus see generally Habeas Corpus [21 Cyc 2791. Impeachment of witness for conviction of crime see Witnesses [40 Cyc 2607]. Imputation of crime see Libel and Slander [25 Cyc 269]. Indictment: Generally see Indictments and Informations [22 Cyc 171]. For crime as affecting credibility of witness see Witnesses [40 Cyc 2603]. Infant, responsibility for criminal act of see Infants [22 Cyc 622]. Information see Indictments and Informations [22 Cyc 157]. Injunction to restrain criminal: Act see Injunctions [22 Cyc 902]. Prosecution see Injunctions [22 Cyc 903]. Insane person, responsibility for criminal act of see Insane Persons [22. Cyc 1212]. Jury and right to jury trial see Jury [24 Cyc 142]. Mandamus to control acts of court, judge, or judicial officer in reference to criminal prosecution see Mandamus [26 Cyc 218]. Offenses by particular person or classes of persons: Actor or performer in theater or other place of public amusement see Theaters and Shows [38 Cyc 272]. Alien see Aliens § 44. Ambassador see Ambassadors and Consuls § 23. Attorney, ground for disbarment see Attorney and Client §§ 42-45. Bank see Banks and Banking §§ 166, 167; 193 et seq; 684 et seq. Bankrupt see Bankruptcy § 654. Generally see Brokers § 16. Insurance see Insurance [22 Cyc 1396]. Carrier see Carriers § 1008; Shipping [36 Cyc 328]. Clerk: Generally see Embezzlement [15 Cyc 496]. Of court see Clerks of Courts § 130 et seq. Congressman see United States [39 Cyc 697]. Consul see Ambassadors and Consuls § 23. Convict see Convicts § 14. Corporate officer see Corporations [10 Cyc 951]. Corporation see Corporations [10 Cyc 1203]; Foreign Corporations [19 Cyc 1312]; Municipal Corporations [28 Cyc 1775]. County: Officer see Counties § 214. Superintendent of schools see Schools and School Custodian of prisoner see Escape [16 Cyc 538]. District attorney see District and Prosecuting Attorneys [32 Cyc 718]. Druggist see Druggists [14 Cyc 1082]. Election officer see Elections [15 Cyc 443]. Employee see Master and Servant [26 Cyc 1529]. Factor see Factors [19 Cyc 117]. Guest, boarder, or lodger see Innkeepers [22 Cyc 1095]. Hawker or peddler see Hawkers and Peddlers [21 Cyc 377]. Highway officer see Streets and Highways [37 Cyc 220]. Indian see Indians [22 Cyc 144]., Infant see Infants [22 Cyc 622]. Innkeeper see Innkeepers [22 Cyc 1074]. Insane person see Insane Persons [22 Cyc 1212]. Insurance agent or broker see Insurance [22 Cyc 1396]. Judge see Judges [23 Cyc 574]. Justice of the peace see Justices of the Peace [24 Lessee see Landlord and Tenant [24 Cyc 1475]. Married woman see Husband and Wife [21 Cyo 1353]. Mortgagor of chattel see Chattel Mortgages § 337 et seq. Municipal: Corporation see Municipal Corporations [28 Cyc 1775]. Officer see Municipal Corporations [28 Cyc 478]. Notary see Notaries [29 Cyc 1107]. Officer see Officers [29 Cyc 1449]. See also Banks and Banking §§ 193 et seq, 684 et seq; Corporations [10 Cyc 951]; Counties § 214; Elections [15 Cyc 443]; Highways [37 Cyc 220]; Municipal Corporations [28 Cyc 478]; Paupers [30 Cyc 1077]; Prisons [32 Cyc 3241; Schools and School Districts [35 Cyc 918]; States [36 Cyc 869]; Towns [38 Cyc 633]; Turnpikes and Toll Roads [38 Cyc 403];United States [39 Cyc 724]. Partner see Partnership [30 Cyc 535]. Postal employee see Post Office [31 Cyc 1010]. For later cases, developments and changes in the law see cumulative Annotations, same title, page and note number. Offenses by particular person or classes of persons:Continued Proprietor or manager of theater or other place of public amusement see Theaters and Shows [38 Cyc 272]. Prosecuting attorney see District and Prosecuting Railroad company see Railroads [33 Cyc 685]. Sheriff or constable see Sheriffs and Constables [35 Slave see Slaves [36 Cyc 485]. Tax assessor see Taxation [37 Cyc 987]. Tax collector see Taxation [37 Cyc 1229]. Turnpike or toll company see Turnpikes and Toll United States officer, agent, or employee see United Warehouseman see Warehousemen [40 Cyc 486]. Offenses in relation to: Animal see Animals §§ 99, 181-199, 200-248, 249-267, 299-313, 479-482, 541-578, 619-629, 683-684. Banking see Banks and Banking §§ 166, 167, 193 et seq, 684 et seq. Bridge see Bridges § 55. Burial see Dead Bodies [13 Cyc 275]. Cemetery see Cemeteries § 42. Claim against United States see United States [39 Cyc 769]. Dairy products see Adulteration § 8. Dead body see Dead Bodies [13 Cyc 275]. Deposits see Banks and Banking § 204 et seq. Election see Elections [15 Cyc 442]. Explosive see Explosives [19 Cyc 31. Farm product see Agriculture §§ 27-31. Fence see Fences [19 Cyc 483]. Gas see Gas [20 Cyc 1180]. Highway see Highways [37 Cyc 1]. Indian see Indians [22 Cyc 144]. Innkeeper see Innkeepers [22 Cyc 1095]. Landmark see Boundaries § 363. Logs or logging see Logging [25 Cyc 1601]. Mine or mining see Mines and Minerals [27 Cyc 753]. Mortgaged property see Chattel Mortgages § 357 et seq. Motor vehicle see Motor Vehicles [28 Cyc 49]. Oil or gas see Mines and Minerals [27 Cyc 516]. Pension see Pensions [30 Cyc 1375]. Poison see Poisons [31 Cyc 898]. Public: Land see Public Lands [32 Cyc 1085]. Railroad see Railroads [33 Cyc 685]. Street railroad see Street Railroads [36 Cyc 1649]. Water or watercourses see Waters [40 Cyc 603]. Pardon generally see Pardons [29 Cyc 1558]. Particular offenses: Abandonment of: Child see Parent and Child [29 Cyc 1676]. Wife see Husband and Wife [21 Cyc 1611]. Abduction see Abduction 1 C. J. p 281; Kidnapping [24 Cyc 796]. Abortion see Abortion 1 C. J. p 307. Acting as detective without license see Detectives [14 Cyc 235]. Administering poison see Poisons [31 Cyc 898]. Adultery see Adultery 2 C. J. p 10. Affray see Affray 2 Č. J. p 383. Convict labor contract see Convicts § 22. Generally see Bribery 9 C. J. p 401. Of voter see Elections [15 Cyc 445]. Bringing pauper into state, county, or town see Paupers [30 Cyc 1120]. Burglary see Burglary 9 C. J. p 1006. Carnal knowledge of child see Rape [33 Cyc 1424]. Carrying: Challenge to fight duel see Dueling [14 Cyc 1117]. Generally see Mayhem [26 Cyc 1595]. Timber on public land see Public Lands [32 Cyc 778]. Defalcation by tax collector see Taxation [37 Cyc 1229]. Defiling dead body see Dead Bodies [13 Cyc 275]. Denial of equal rights because of race or color see Civil Rights § 40. Deposit in water supply see Waters [40 Cyc 603]. Desertion: By seaman see Seamen [35 Cyc 1258]. Of child see Parent and Child [29 Cyc 1676]. Of wife see Husband and Wife [21 Cyc 1611]. Destruction of public record see Records [34 Cyc 616]. Disinterment of corpse see Dead Bodies [13 Cyc 276]. Disorderly: Conduct see Disorderly Conduct [14 Cyc 466]. House see Disorderly Houses [14 Cyc 479]. Disturbance of public assemblage see Disturbance of Public Meetings [14 Cyc 539]. Divulging secret of grand jury see Grand Juries [20 Cyc 1355]. Driving animal from range or pasture see Animals §§ 249-267. Drunkenness see Drunkards [14 Cyc 1089]. Generally see Embezzlement [15 Cyc 486]. False: Affidavit for pension see Pensions [30 Cyc 1375]. Entry by national bank officer see Banks and Imprisonment see False Imprisonment [19 Cyc Personation see False Personation [19 Cyc 379]. Swearing see_Perjury [30 Cyc 1395]. Fighting see Affray 2 C. J. p 383; Breach of the Peace 9 C. J. p 385; Dueling [14 Cyc 1111]; Prize Fighting [32 Cyc 395]. Fire see Arson 5 C. J. p 537; Fires [19 Cyc 978]. Forcible entry and detainer see Forcible Entry and Detainer [19 Cyc 1113]. Forgery see Forgery [19 Cyc 1367]. Breach of contract by servant see Master and Conveyance see Fraudulent Conveyances [20 Cyc Registration of voter see Elections [15 Cyc 443]. Sale: Of goods by warehouseman see Warehousemen [40 Cyc 486]. Or use of examination questions see Schools Gambling see Gaming [20 Cyc 873]. Apprentice see Apprentices §§ 128-138. Deserting seaman see Seamen [35 Cyc 1259]. Hawking see Hawkers and Peddlers [21 Cyc 377]. Homicide see Homicide [21 Cyc 646]. Horse-racing in highway see Highways [37 Cyc 284]. House-breaking see Burglary §§ 30-49. House of ill fame see Disorderly Houses [14 Cyc 484]. Illegal: Expenditure and corrupt practice at election see Elections [15 Cyc 445]. Sale of fertilizer see Agriculture §§ 32-46. Traffic in agricultural product see Agriculture §§ 27-31. Voting see Elections [15 Cyc 442]. Importation illegally of: Alien generally see Aliens §§ 67-75. Goods see Customs Duties [12 Cyc 1167]. Woman for purpose of prostitution see Aliens §§ 73-75. Incendiarism see Arson 5 C. J. p 537; Fires [19 Cyc 977]. Incest see Incest [22 Cyc 42]. Inciting revolt see Seamen [35 Cyc 1256]. Indecent exposure see Obscenity [29 Cyc 1316]. Animal see Animals §§ 541-578. Fence see Fences [19 Cyc 483]. Property generally see Malicious Mischief [25 Cyc 1671]. Telegraph or telephone wire see Telegraphs and Insurrection see Insurrection [22 Cyc 1451]. Relation between: Landlord and tenant see Landlord and Tenant [24 Cyc 1477]. Master and servant see Master and Servant [26 Cyc 1585]. Parent and child see Parent and Child [29 Cyc 1679]. Transmission of telegraph or telephone message see Telegraphs and Telephones [37 Cyc 1650]. Voter or election see Elections [15 Cyc 445]. Intimidating voter see Elections [15 Cyc 446]. Particular offenses:-Continued Intoxicating liquor sale or nuisance see Intoxicating Liquors [23 Cyc 172]. Intoxication see Drunkards [14 Cyc 1092]. Introducing liquor into Indian country see Indians [22 Cyc 146]. Keeping disorderly house see Disorderly Houses [14 Kidnapping see Kidnapping [24 Cyc 796]. Generally see Larceny [25 Cyc 1]. By warehousemen see Warehousemen [40 Cyc 486]. Of dead body see Dead Bodies [13 Cyc 2781. Libel see Libel and Slander [25 Cyc 567]. Malfeasance in public office see Officers [29 Cyc By person already married see Bigamy 7 C. J. p With person of different color see Miscegenation [27 Cyc 798]. Mayhem see Mayhem [26 Cyc 1595]. Agent, servant, trustee, or bailee see Embezzle- Bank officer see Banks and Banking §§ 199, 686; Corporate officer see Embezzlement [15 Cyc 502]. Mutilation of public record see Records [34 Cyc 616]. Child see Parent and Child [29 Cyc 1676]. Obscenity see Obscenity [29 Cyc 1314]. Obstructing justice see Obstructing Justice [29 Cyc 1325]. Obstruction of: Highway see Highways [37 Cyc 260]. Navigable water see Navigable Waters [29 Cyc Or encroachment on private road see Private Or interference with voter or election officer see Railroad see Railroads [33 Cyc 689]. naval service see Army and Navy §§ 158-170. By person not in service see Army and Navy §§ 157, 239-241. Operating hotel without license see Innkeepers [22 Cyc 1074]. Payment of seaman's wages in advance see Seamen [35 Cyc 1259]. Peddling see Hawkers and Peddlers [21 Cyc 377]. Pointing weapon see Weapons [40 Cyc 871]. Pollution of water see Navigable Waters [29 Cyc 309]; Waters [40 Cyc 603]. Polygamy see Bigamy 7 C. J. p 1156. Burglar's tools and implements see Burglary § 157. Counterfeit money or implements for counterfeiting see Counterfeiting §§ 22-41. Dead body see Dead Bodies [13 Cyc 276]. Forged instrument see Forgery [19 Cyc 1390]. Possession, use, or sale of marked or labeled package or bottle see Trade-Marks, Trade-Names, and Unfair Competition [38 Cyc 854]. Practice of medicine illegally see Physicians and Prison breach see Escape [16 Cyc 537]. For later cases, developments and changes in the law see cumulative Annotations, same title, page and note number. Adulterated article see Adulteration §§ 10, 11. Examination questions see Schools and School Farm product see Agriculture §§ 27-31. Generally see Intoxicating Liquors [23 Cyc Or furnishing to Indian see Indians [22 Cyc 145]. Mortgaged property see Chattel Mortgages § 357 Poison see Poisons [31 Cyc 899]. In fraud of creditors see Fraudulent Convey- Without license see Licenses [25 Cyc 636]. Setting fire see Arson 5 C. J. p 537; Fires [19 Cyc 977]. Shooting firearm see Weapons [40 Cyc 869]. Stealing: Generally see Larceny [25 Cyc 1]. By warehouseman see Warehousemen [40 Cyc 486]. Mail see Post Office [31 Cyc 1010]. Of dead body see Dead Bodies [13 Cyc 278]. Taking up stray animal see Animals §§ 299-310. Threat and threatening letters see Threats [38 Cyc 289]. Transporting diseased animal see Animals §§ 188-191. Treason see Treason [38 Cyc 951]. Trespass gee Forcible Entry and Detainer [19 Cyc 1108]; Trespass [38 Cyc 1175]. Unlawful assembly see Unlawful Assembly [39 Cyc 833]. Use of: False weight or measure see Weights and Measures [40 Cyc 886]. Highway or street see Highways [37 Cyc 284]; Municipal Corporations [28 Cyc 832, 1340]. Poison see Poisons [31 Cyc 899]. Usury see Usury [39 Cyc 1095]. Uttering: Counterfeit or forged money or paper see Coun- Forged instrument see Forgery [19 Cyc 1388]. Anti-trust law see Monopolies [27 Cyc 909]. Bankruptcy law see Bankruptcy § 791 et seq. Chinese Exclusion Act see Aliens §§ 86-121. Food regulation see Adulteration 2 C. J. p 1; Food [19 Cyc 1091]. Gaming law see Gaming [20 Cyc 878]. Particular offenses:-Continued Insurance law see Insurance [22 Cyc 1396]. Cyc 1676]. [22 Intoxicating liquor law see Intoxicating Liquors [23 Cyc 172]. License regulation see Licenses [25 Cyc 636]. Mining regulation see Mines and Minerals [27 Cyc 753]. Municipal ordinance see Municipal Corporations [28 Cyc 775]. Naturalization law see Aliens §§ 167-174. Neutrality law see Neutrality Laws [29 Cyc 687]. Generally see Municipal Corporations [28 Cyc Of District of Columbia see District of Columbia 14 Cyc 530]. Regulation as to: Broker sce Brokers § 14. Explosive see Explosives [19 Cyc 3]. Factor see Factors [19 Cyc 116]. Hawker or peddler see Hawkers and Peddlers [21 Cyc 377]. Livery-stable keeper see Livery-Stable Keep ers [25 Cyc 1515]. Pawnbroker see Pawnbrokers [30 Cyc 1170]. School law see School and School Districts [35 Statutory or municipal regulation as to operation Vituperation see Common Scold 12 C. J. p 208. Wounding see Mayhem [26 Cyc 1595]. Wrecking railroad train see Railroads [33 Cyc 689]. Wrongful: Death caused by railroad see Railroads [33 Cyc 686]. Issuance of warehouse receipt see Warehousemen [40 Cyc 486]. Penalty see Penalties [30 Cyc 1331]. Penitentiary or prison see Prisons [32 Cyc 312]. Privilege of witness as to answer tending to subject him to criminal prosecution see Witnesses [40 Cyc 2534]. Prohibition to restrain criminal proceeding see Prohibition [32 Cyc 620]. Prosecuting officer see District and Prosecuting Attorneys [32 Cyc 687]. Recognizance: Generally see Bail § 225; Recognizances [34 Cyc 536]. For breach of peace see Breach of the Peace § 20 et seq. as Reformatory see Reformatories [34 Cyc 1002]. Regulating prosecution, punishment, and sentence, encroachment on judiciary see Constitutional Law § 315. Removal of criminal proceedings to federal court see Removal of Causes [34 Cyc 1225]. Responsibility for criminal act of: Copartner see Partnership [30 Cyc 535]. Infant see Infants [22 Cyc 622]; Parent and Child [29 Cyc 1667]. Insane person see Insane Persons [22 Cyc 1212]. Restraining criminal: Act see Injunctions [22 Cyc 902]. Injunction see Injunctions [22 Cyc 903]. Right of person charged with crime to: Compulsory process to secure attendance of witness see Constitutional Law § 449; Witnesses [40 Cyc 2156]. Refuse to testify see Witnesses [40 Cyc 2537]. Testify in his own behalf see Witnesses [40 Cyc 2414]. Trial by jury see Juries [24 Cyc 142]. Search or seizure see Searches and Seizures [35 Cyc 1263]. Statutes relating to crime: Aptness of title see Statutes [36 Cyc 1028]. Providing also for civil liability see Statutes [36 Unconstitutionality of part see Statutes [36 Cyc 984]. As special legislation see Statutes [36 Cyc 1014]. Ex post facto law see Constitutional Law § 807. Retroactive construction of see Statutes [36 Cyc 1212]. When void for duplicity see Statutes [36 Cyc 1025]. Validity of contract: Entered into under threat of criminal prosecution see Contracts § 315. For suppression or dismissal of criminal prosecution see Contracts § 389. I. Waste of oil or gas see Mines and Minerals [27 Cyc DEFINITIONS 1 [BY EDWARD C. ELLSBREE (I-XII inclusive)] Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment.2 Criminal action.3 Criminal action has been defined as one instituted and prosecuted by the state for the punishment of crime; one prosecuted by the state, as a party, against a person charged with a public offense, for the punishment thereof.5 Criminal business. A statutory phrase which has 1. Crime defined see infra § 2. 2. Abbott L. D.; Black L. D.; Bouvier L. D. [a] "Blackstone speaks of criminal law as that branch of jurisprudence which teaches of the nature, extent, and degrees of every crime, and adjusts to it its adequate and necessary penalty.'" U. S. v. Reisinger, 128 U. S. 398, 402, 9 SCt 99, 32 L. ed. 480. [b] Sir J. F. Stephen's definition is as follows: "The criminal law is that part of the law which relates to the definition and punishment of acts or omissions which are punished as being (1) attacks upon public order, internal or external; or (2) abuses or obstructions of public authority; or (3) acts injurious to the public in general; or (4) attacks upon the persons of individuals; or (5) upon the property of individuals or rights connected with and similar to rights of property." 1 Stephen Hist. Cr. L. D 3. 3. "Civil action" distinguished see Actions 135. 4. State v. Costello, 61 Conn. 497, 500, 23 A 868. been interpreted to mean criminal acts constituting the crime, as distinguished from "civil business''; or such conduct, attended with such intent, as amounts to a crime, as the law defines "crime."7 Criminal case.8 A criminal case has been defined as an action, suit, or cause instituted to secure conviction and punishment for a crime; also as an action, suit, or cause instituted to punish an infraction of the criminal laws,10 and as a prosecution C. C. P., [N. C.] are synonymous.' State v. Simons, 68 N. C. 378, 380. [quot Cook v. Warner, 41 Okl. 781, 784, " 6. Condon v. Leipsiger, 17 Utah 498, 501, 55 P 82. See also infra § 51; Civil 11 C. J. p 793 note 6. 7. Mosby v. Gisborn, 17 Utah 257, 275, 54 P. 121. 8. "Civil suit" distinguished see Actions § 43. 9. Abbott L. D. [quot In re Leslie, 119 Fed. 406, 410; Scott v. State, 86 Tex. 321, 24 SW 789; Taylor v. Goodrich, 25 Tex. Civ. A. 109, 40 SW 515, 524]. [a] Other definitions.-(1) A case "in which is involved an alleged injury done to the State by the violation of some law for the punishment of which the offender is prosecuted by the State in order that punishment for the offense may be meted out to said person after conviction." Wilburn v. State, 140 Ga. 138, 139, 78 SE 819. (2) A proceeding "in a court against an accused person charged with doing something forbidden, who, if found guilty, is punished." U. S. v. Dunne, 173 Fed. 254, 257, 97 CCA 420, 19 AnnCas 1145. (3) A proceeding by a sovereign of a realm in his own courts against one subjected to his authority for a violation of his laws." State v. Smalls, 11 S. C. 262, 279. (4) A prosecution "for crime in the name of the state for a violation of its penal laws." State v. Steele, 112 Ga. 39, 42, 37 SE 174 (where the court said: "No proceeding, even though it was instituted in the name of the State, has ever been held to be a criminal case unless the judgment rendered might in some contingency result in the loss of liberty to the person against whom the proceeding is had"). (5) "A prosecution for a criminal offence." Peo. v. Kelly, 24 N. Y. 74. (6) "A public prosecution for a crime or a misdemeanor." Schultz V. Moore, Wright (Oh.) 280, 281. [a] Other statutory definitions.(1) "The proceeding by which a party charged with a public offense is accused and brought to trial and punishment is known as a criminal action." Cal. Pen. Code § 683 [quot U. S. v. Lee, 84 Fed. 626, 630 (where the court said: "Although this definition is statutory, I think it gives correctly the general meaning of 'criminal action.' There cannot, of course, be a criminal case, or action, until an indictment has been found")]. (2) An action "prosecuted by the people of the State against a person charged with a public offense for the punishment thereof." Code Civ. Proc. §3336 [quot Gadsden v. Woodward, [a] Other definitions.-(1) An ac- 38 Hun 548, 551 (rev on other grounds tion "prosecuted in a court of justice, 103 N. Y. 242, 8 NE 653)]. (3) "The in the name of the government, proceeding, by which a party charged against one or more individuals ac- with crime is accused and brought to cused of a crime." Bouvier L. D. trial and punishment." Code Cr. [quot State v Schomber, 23 Wash. Proc. § 5 [quot Peo. v. Olmstead, 25 573, 575, 63 P 221]. (2) An action Misc. 346, 349, 55 NYS 472, 13 N. Y. "instituted by the sovereign power, Cr. 406]. (4) "A criminal action is, for the purpose of punishing or pre- 1st, an action prosecuted by the venting offenses against the public." State, as a party, against a person Black L. D. sub verb. "Action." charged with an offense, for the pun(3) "A suit instituted for the en- ishment of the same; and, 2d, an forcement of penal law, to secure the action prosecuted by the State, at the conviction and punishment of an of- instance of an individual, to prevent fender." Abbott L. D. [quot In re an apprehended crime against his Leslie, 119 Fed. 406, 410]. (4) A person or property." Code Civ. Proc. "prosecution in a competent court § 5 [quot State v. Simons, 68 N. C. 378, of justice in the name of the gov- 380]. (5) "A criminal action. ernment for the punishment of a means the whole and any part of the crime." Bouvier. Inst. Pl. p 2642 procedure which the law provides for [quot Landers v. Staten Island R. bringing offenders to justice." Pen. Co., 53 N. Y. 450, 456, 14 AbbPrNS Code art 26 [quot Russell v. State. 37 [b] Criminal cases are: (1) "Those 346]. (5) An action "prosecuted by Tex. Cr. 503, 504, 36 SW 1070: Chilwhich involve a wrong or injury done the state against a person charged ders v. State, 30 Tex. A. 160, 195, 16 to the republic, for the punishment with a public offense committed in SW 903, 28 AmSR 899; Bautsch v. of which the offender is prosecuted violation of a public law." State v. State, 27 Tex. A. 342, 346, 11 SW in the name of the whole people." Hamley, 137 Wis. 458, 461, 119 NW 414]. (6) "The proceedings by which Grimball v. Ross, T. U. P. Charlt. 114. (6) An action "instituted on a person charged with a public of- (Ga.) 175, 181 [quot In re Leslie, 119 behalf of the sovereign or com-fense is accused and brought to Fed. 406, 410]. (2) "The expression monwealth in order to vindicate trial and punishment, is known 'criminal cases' usually means all the law by the punishment of as а criminal action." Rev. St. such cases, as are not civil. And a public offense." Rapalje & L. (1898), 4510 [quot Winnovich hence, in this sense, all prosecutions L. D. [quot State V. Chicago, v. Emery, 33 Utah 345, 349, 93 P by indictment, may be denominated etc.. R. Co., 37 Fed. 497, 498, 3 LRA 988]. criminal cases." Montee v. Com., 3 554]. [b] Synonymous statutory terms. J. J. Marsh, (Ky.) 132, 142. (3) "The [b] Civil law definition.-"A per--(1) "We think the distinction term 'criminal cases,' used in the sonal action" in which the plaintiff sought to be drawn and made between laws, refers to none but prosecutions asks reparation for the commission 'criminal actions' and 'offenses' or under the State laws." Peo. v. Manof some tort or injury which he or petty offenses' is hypercritical, and istee County, 26 Mich. 422, 424; Koch those who belong to him have sus- not maintainable." Bautsch v. State, v. State, 126 Wis. 470, 106 NW 531, tained." Bouvier L. D. sub verb. "Ac- 27 Tex. A. 342, 346, 11 SW 414. (2) 533, 51 LRANS 1086, AnnCas tion." "The terms 'prosecution,' 'criminal prosecution,' 'accusation,' and 'criminal accusation,' are used in the same sense.' Russell v. State, 37 Tex. Cr. 503, 504, 36 SW 1070. (3) "We therefore think it clear that the terms 5. Gen. St. (1901) § 4435 [quot State V. International Harvester Co., 79 Kan. 371, 99 P 603, 604; In re Burnette, 73 Kan. 609, 85 P 575, 576]; Kan. Code Civ. Proc. § 3529 [quot Ames v. Kansas, 111 U. S. 449, 460, 4 SC 437, 28 L. ed. 482]; Rev. L. (1910) § 4647 criminal action and indictment, as 389. 10. Black L. D. [quot Taylor v. Goodrich, 25 Tex. Civ. A. 109, 126, 40 SW 515]; Thurston v. Clark, 107 Cal. 285, 289, 40 P 435 [quot Ex p. Clark, 24 Cal. A. 389, 141 P 831, 833; Daugherty v. Nagel, 28 Ida. 302, 307, 154 P 375]. |