helping to prove lack of criminal intent. The presumption of law, however, is very strong that a drunken man, like a sober one, intends the natural consequences of his act.

Classes of Crimes.

There are three classes of crimes.

Of these the highest is treason, being directed against the government, and the very foundations of society. In the Constitution of the United States, treason against the United States is defined as consisting only of levying war against them, or in adhering to their enemies, giving them aid or comfort. The offence is punishable with death.

Felonies and Misdemeanors.

Felonies constitute the second class of crimes, and misdemeanors the third. It is not easy to define clearly the line of distinction between felonies and misdemeanors, though they differ very materially in many ways, and especially in their consequences. The most usual statutory test in the United States, is that offences punishable with death or imprisonment in the state prison, are felonies; and all others—except treason-misdemeanors.

Classes of Criminals.

Criminals—that is, parties guilty of a felony-are also classified into principals and accessories. (There is no such distinction concerning those who are simply guilty of a misdemeanor.)

Principals.

In some states principals are divided into those of

the first, and of the second degree. A principal in the first degree is one who actually does the criminal act; in the second degree, one who is present, aiding or abetting him who does it.

Thus, if two persons agree to commit suicide together by drowning, and one is drowned and the other is rescued, the latter is liable as a principal in the second degree to the crime of the other.

Accessories.

An accessory is one who, without being present at the commission of the crime, renders some assistance to the crime or criminal. If his connection with the crime was previous to the act, he is an accessory before the fact; if afterward, he is an accessory after the fact. Any harboring of the criminal, or giving him shelter and food, knowing that he has committed the crime, may make one an accessory after the fact.

As to Near Relations, etc.

A wife cannot be an accessory after the fact to her husband, because it is her duty to harbor and protect him under all circumstances. Strange to say, the older authorities did not give the same immunity to a husband, though his duty to harbor and protect his wife would seem to be at least equal to hers, as the later authorities admit.

Most states designate by statute, certain degrees. of relationship within which protection of a criminal is allowable. In Massachusetts, the statute provides that "any person who harbors, conceals, maintains or assists a felon, or gives him any other aid with intent that he shall avoid or escape detection, arrest or punishment, shall be deemed an accessory after the

fact; but the rule shall not apply to husband or wife, brother or sister, parent or child, grandparent or grandchild either by blood or marriage."

No degree of relationship protects one from the charge of being an accessory before the fact.

Accomplices.

An accomplice is one who shares in the commission of the crime sufficiently to be indicted with the principal as a participator therein.

Twice in Jeopardy.

It is an old rule of criminal law that no one shall be twice put in jeopardy for the same offence. That is, if one has been duly tried, and convicted or acquitted, he can never be tried again for the same act.

Extradition.

An offence committed against the laws of one state or country is not generally deemed to be an offence against the laws of another. So if one commits a crime, and escapes to another state, he cannot be tried for the offence in the latter place.

But if the state against whose laws he offended can prove satisfactorily that he did the act, the state in which he has taken refuge will give him up at the demand of the state which claims him, by virtue of extradition laws.

CHAPTER XXXVIII.

CRIMES, CONCLUDED.

Specific Crimes-Abduction - Abortion- AdulteryAffray-Arson-Assault and Battery-Bigamy— Burglary Drunkenness - Embezzlement - False Pretenses-Forgery-Homicide-Justifiable Homicide-Definitions of Murder and Manslaughter— Test as to Homicide-Intent in Murder-Malice Aforethought-Degrees of Murder - Manslaughter-Test as to Manslaughter-Larceny— Slander and Libel-Perjury-Rape-Seduction.

Specific Crimes.

A few specific crimes will be briefly noticed, taking them up in alphabetical order.

Abduction.

Abduction is an old common law crime, and consisted in the taking away of an adult woman, “maid, widow or wife," who had property or was heir apparent thereto, for the purpose of marriage. Kidnapping differed in that it included the taking away of any person of any age, for any unlawful purpose. Our states have generally defined this crime by statute. Thus in Massachusetts, the abduction of any unmarried female under sixteen years of age for the purpose of marriage, is a crime punishable by fine or im

prisonment, or both; and the abduction or enticing away of "an unmarried female of a chaste life and conversation" for the purpose of prostitution, is similarly punished. [See Abstracts, Title "Age of Consent."]

Abortion.

Abortion is a statutory crime. The statute in Massachusetts, which is a fair representative of those in most states on the subject, reads as follows:

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Whoever, with intent to procure miscarriage of a woman, unlawfully administers to her, or advises or prescribes for her, or causes to be taken by her, any poison, drug, medicine, or other noxious thing, or unlawfully uses any instrument or other means whatever with the like intent, or with like intent aids or assists therein, shall, if the woman dies in consequence thereof, be imprisoned in the state prison not exceeding twenty nor less than five years, and if the woman does not die in consequence thereof, shall be punished by imprisonment in the state prison not exceeding seven years nor less than one year, and by fine not exceeding two thousand dollars."

Another statute makes a crime of and defines the punishment for, any advertising or other notice, hint, or reference to any means by which abortion may be procured.

In New York, the woman who takes drugs with such intent is equally guilty with him who administers them to her.

The statutes on this subject in the majority of states make the procurement of a miscarriage, or the attempt to procure one, a crime, at whatever stage of pregnancy; and the consent of the woman cannot be set up as a defence by the guilty party.