PREFACE.

The first and only criminal digest of our Reports was that by F. H. Busbee, Esq., published several years ago, the last Report digested in which being the 81st. Since that time there have been many changes in the statutory criminal law, and, of course, a great number of decisions upon those statutes, as well as upon former ones, and also upon the common-law.

THE CRIMINAL CODE AND DIGEST, with reference to the decisions contained therein, commences where the able work of Mr. Busbee ceased-beginning at the 82d Report and ending with the 92d, (the latest yet published)—and embracing every point decided in every criminal case contained in eleven Reports.

LORD ELDON said that "the whole art of practising law consists in knowing how to find the law." Recognizing the force of this observation, in preparing THE CRiminal Code AND DIGEST I have adopted a method to be found in no other similar work yet published in this State, viz.: that of preceding the digests of each statutory offence by the statute itself respecting that offence. When it is remembered what annoyance is often encountered-after finding or knowing the law applicable to any particular criminal statute-in endeavoring to find the statute itself, the abovementioned feature of the book cannot fail, it is hoped, to commend itself to the favorable consideration of every criminal lawyer.

The decisions on the criminal common-law will be found interspersed throughout the book, in alphabetical order in relation both to themselves and to the statutory decisions-the entire contents arranged in the minutest divisions and subdivisions, in such a manner as cannot fail to please the logical mind and every admirer of order and system in the arrangement of the snbject-matter of law-books.

Whenever decisions have been rendered bearing upon such sections of The Code as would, according to the general plan, have been omitted, such as “Judgment,” “Juries,” "Jurisdiction," etc., the section has been inserted, immediately preceding the decisions in reference thereto. The advantages to be derived from this are obvious.

The offences respecting public officers and those relating to particular persons or subjects not of a general and public nature, except those found in "Crimes and Punishments" of The Code and those in relation to which decisions have been rendered since the 81st Report, are omitted.

From the very liberal encouragement-substantial and otherwise which the author has received from many members of the profession throughout the entire State, and especially of the Raleigh Bar, who have examined the advance sheets of the work, he can but feel some well-grounded trust that the book will be found serviceable to the criminal practitioner. And he takes this occasion to acknowledge his thanks to the above-mentioned brethren for their hearty support and also for the confidence they reposed in his ability to perform, in what he hopes has proven a proper manner, this onerous yet self-imposed task.

It may be not improper to add that the attempt to make

a book of this character confirmed the author's expectation that the accomplishment of such an undertaking would be attended with much labor and perplexity. If, however, the result shall prove a reasonably successful accomplishment of his purpose, he will feel sufficiently rewarded for a large amount of labor and some anxiety, without which no faithful bookmaker can hope to do justice either to himself or those for whom his endeavors have been expended.

Raleigh, N. C., January 20, 1886.

M. N. AMIS.

INDEX.

After consultation with eminent lawyers, the editor concluded that the following index is not only an ample one, but-in view of the fact that as minute a one as could be wished is to be found to each general subject—is such only as would be of real advantage; and on the contrary, that a repetition of these indices, as constituting an index proper, could but tend to confuse rather than aid the investigator.

Each general subject or heading will be found to contain sub-headings, such as Indictment," Evidence," "Judge's Charge," etc. Hence, the intelligent lawyer, when desiring to find the law-for example, on indictmentsas applicable to any particular offence, will find it under the sub-heading, "Indictment," of that offence. On the other hand, if the law he wishes to find on indictment is applicable to indictments generally, he will naturally look for it under the general heading, "Indictment," where it will be found under its appropriate sub-heading. These directions will be found to apply to all the subjects contained in this book.-ED.