A Treatise on the Law of Crimes

PREFACE.

In the preparation of this work, the purpose has been to present the general principles of the common law in relation to crimes, and to show in a general way the extent to which they have been modified by statute. The principal statutory crimes, as embezzlement and the obtaining of money or property by false pretenses, have also been treated at some length. Much care has been taken in the analysis, and in the insertion of catch lines, in order that each principle of the law may stand out before the eye, separate from other principles. This plan will not only make it easy for one to find any given principle without unnecessary loss of time in searching, but it will also make it easier for him to comprehend and remember what he reads.

The cases cited have all been carefully examined, and will be found to be in point. Indeed the work has been almost entirely prepared from the cases themselves. It may, perhaps, be thought by some that more cases have been cited than are necessary for the use of the student, but it is believed by the authors that this will make the work more useful.

By the courteous permission of Professor Joseph Henry Beale, of the Harvard Law School, the cases in his excellent selection of cases on the criminal law have been exhaustively cited throughout the work.

Since the American Decisions, American Reports, and American State Reports are to be found in the libraries of most of the law schools,

and in the libraries of many practitioners, it has been deemed advisable to cite these publications.

It is not out of place to refer here to the idea which seems to be prevalent among practitioners who have little or no practice in the criminal courts, and among students, that the criminal law is of so little importance to them that it is not necessary to know much about it. This idea is very erroneous. Aside from the fact that no one can be a well-educated lawyer who has not a comprehensive knowledge of the criminal law, a knowledge of the criminal law is often of the utmost importance in the practice of every lawyer, whatever make his specialty. This is well illustrated by a lite case, in which an action was brought on an insurance policy, and the question arose whether the insured, at the time he was ingret was engaged in an attempt to kill game in the close season, and therefore engaged in the commission of a crime, so as to prevent a recovery on the policy. It appeared that he had merely started out with a loaded gun with intent to shoot game, and it was held that this was not an attempt to kill game, but mere preparation. It is perhaps safe to say that a large majority of insurance lawyers in the country would not make this distinction without looking the question up. Every lawyer should at least be familiar with the general principles of the criminal law, whether he expects to practice in that branch of the law or not.

One who uses this work will find it of benefit to examine and refer to the table of contents printed at the beginning, as it is a complete analysis of the entire work. The index has been prepared with care, and is very full.

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