Points of Criminal Law

Law should be, and is intended to constitute, a rule of right governing the actions of man in his dealings with his fellow-beings.

You cannot lawfully condone an offense by receiving back stolen property.

The exemption of females from arrest applies only in civil, not in criminal matters.

Every man is bound to obey the call of a Sheriff for assistance in making an arrest.

The rule "Every man's house is his castle" does not hold good when a man is accused of crime.

Embezzlement can be charged only against a clerk or a servant, or the officer or agent of a corporation.

Bigamy cannot be proven in law if one party to a marriage has been absent and not heard from for five years.

Grand larceny is when the value of property stolen exceeds $25.00-when less than that, the offense is petit larceny.

Arson to be in the first degree must have been committed at night, and the buildings fired must have been inhabited.

Drunkenness is not a legal excuse for crime, but delirium tremens is considered by the law as a species of insanity.

In a case of assault it is only necessary to prove an "offer or attempt at assault." Battery presumes physical violence.

Mayhem, although popularly supposed to refer to injury to the face, lip, tongue, eye, or ear, applies to any injury done a limb.

A felony is a crime punishable by imprisonment in a State prison ; an "infamous " crime is one punishable with death or State prison.

A police officer is not authorized to make an arrest without a warrant unless he has personal knowledge of the offense for which the arrest is made.

An accident is not a crime, unless criminal carelessness can be proven. A man shooting at a burglar and killing a member of his family is not a murderer.

Burglary in the first degree can be committed only in the night time. Twilight, if dark enough to prevent distinguishing a man's face, is the same as "night" in law.

Murder to be in the first degree must be wilful, premeditated, and malicious, or committed while the murderer is engaged in a felonious act. The killing of a man in a duel is murder, and it is a misdemeanor to accept or give a challenge.

False swearing is perjury in law only when willfully done, and when the oath has been legally administered. Such qualifying expressions as "to the best of my belief," "as I am informed," may save an averment from being perjured. The law is that the false statement sworn to must be absolute. Subornation of perjury - that is, inducing another to swear falsely, is a felony. The penalties which follow the violation of any of the points of criminal law vary slightly in various places, but all include fines or imprisonment, or both. The penalties are intended to be sufficiently severe to deter those evilly disposed from disturbing the peace and happiness of the community.