The term felony at common law comprises every species of crime which works a total forfeiture of lands or goods, or both, and to which may be added the death penalty.23

In most if not all of the states it is provided by statute that any offense punishable by death or by imprisonment in the penitentiary or state prison is a felony.24

Illinois statute: A felony is an offense punishable with death or by imprisonment in the penitentiary.25

It has been held that where the punishment prescribed by statute is imprisonment in the penitentiary or fine, or both, the offense is not a felony, but a misdemeanor only.26

21 Regicide Tr., 5 How. St. Tr., 947;

4 Blackstone Com., 93.

22 4 Blackstone Com., No. 93.

23 People vs. Lyon, 99 N. Y.; 5 Am. C. R., 12; 4 Blackstone Com., 94.

24 People vs. Hughes, 137 N. Y., 29; State vs. Smith, 8 Blackf. (Ind.), 489; State vs. Felch, 58 N. H, 1.

25 R. S. of 1905, Sec. 5, of Div. 2.