The criminal law as well as the civil comes from two sources: the common law, sometimes called the unwritten law, and the statutory or written law.

By statutory provisions in many of the states the common law relating to criminal offenses is recognized as in force, and indictments may be based thereon.2 But in those states where the common law is not recognized, common-law offenses are not punishable.3

The statutes and constitutions of the several states and of the United States, and treaties with foreign nations, constitute the great mass of our written laws; and the courts, both state and federal, when occasion may require, consult the common law for aid in the interpretation of these written laws - even in those states where the common law is not recognized;4 and this is true in both civil and criminal law.