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OF THE

CRIMINAL LAW

(CRIMES AND PUNISHMENTS).

BY THE LATE

SIR JAMES FITZJAMES STEPHEN, BART.

K.C.S.I., D.C.L.

FORMERLY ONE OF THE JUDGES OF THE HIGH COURT, AND AN HONORARY

FELLOW OF TRINITY COLLEGE, CAMBRIDGE.

FIFTH EDITION

BY

SIR HERBERT STEPHEN, BART.

OF THE INNER TEMPLE, BARRISTER-AT-LAW
CLERK OF ASSIZE FOR THE NORTHERN CIRCUIT,

AND

HARRY LUSHINGTON STEPHEN,

OF THE INNER TEMPLE, BARRISTER-AT-LAW ; ESQUIRE,

London

MACMILLAN AND CO.

AND NEW YORK

1894

All Rights Reserved

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First Edition 1877, Second 1879, Third 1853, Fourth 1887, Fifth 1894.

PREFACE TO THE FIFTH EDITION

In preparing this Edition of the Digest of the Criminal Law, we have endeavoured to make it as nearly as possible what it would have been if it had been prepared by the Author.

Not many cases of the first importance have been decided since the publication of the Fourth Edition at the beginning of 1887. R. v. Tolson, 1889, 23 Q.B.D. 168, R. v. Brown, 1889, 24 Q.B.D. 357, Connor v. Kent, 1891, 2 Q.B. 545, and all other cases which seem either to alter, or more fully to expound the law, have been incorporated either in the text or by way of illustration.

The principal statutes altering the law as to indictable offences, or creating new offences enacted in the same period, are the Merchandise Marks Act 1887 (50 & 51 Vict. c. 28); the Newspaper Libel Act 1888 (51 & 52 Vict. c. 64); the Official Secrets Act 1889 (52 & 53 Vict. c. 59)—a marvellous specimen of drafting; the Corruption of Public Bodies Act 1889 (52 & 53 Vict. c. 69); the Lunacy Act 1890 (53 Vict. c. 5); the Stamp Duties' Management Act 1891 (54 & 55 Vict. c. 38); the Penal Servitude Act 1891 (54 & 55 Vict. c. 69); the

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