1. Murder, or the killing of a human being with malice aforethought,56 is a felony.

2. Manslaughter, or the killing of a human being without malice aforethought, but without justification or excuse,57 is also a felony.

3. Mayhem, or the depriving another of the use of such of his members as may render him the less able, in fighting, either to defend himself, or to annoy his adversary,58 is either a felony or a misdemeanor. As to which, there is some doubt.

4. Abortion, or unlawfully causing the premature delivery of a child after it has quickened, so that it is born dead,59 is a misde

meanor.

5. Rape, or unlawful carnal knowledge of a woman by force, and against her will,60 is a felony.

6. Sodomy, or buggery, the crime against nature, is also a felony.

61

7. Assault and battery.-An assault is a mere offer or attempt to inflict corporal in

56 4 Bl. Comm. 195; post, § 238 et seq. 57 4 Bl. Comm. 191; post, § 255 et seq. 58 4 Bl. Comm. 205; post, § 221 et seq.

59 Post, § 289 et seq.

60 4 Bl. Comm. 210; post, § 293 et seq.

61 4 Bl. Comm. 215; post, § 461.

jury upon another, accompanied by circumstances which indicate an intent, coupled with apparent present ability, to do actual violence. If injury is actually inflicted, there is a battery, both assault and battery." 62 Assault with intent to kill, or to rape, or to rob, etc., are called aggravated assaults, and are punished more severely than simple assault.63 Assaults and assault and battery are misdemeanors at common law.

64

8. False imprisonment, or unlawfully depriving another of his personal liberty, is a common-law misdemeanor.

9. Kidnapping, or the forcible abduction. or stealing away of a man, woman, or child from their own country, and sending them into another,65 is a misdemeanor.

The above are the offenses against the persons of individuals which were known to the common law. They are still offenses, except in so far as the common law has been abrogated or superseded by statute. There are other offenses against the person which have

62 See 4 Bl. Comm. 216; post, § 197.

63 Post, § 207.

64 4 Bl. Comm. 218; post, § 224.

65 4 Bl. Comm. 219; post, § 228.

been created by statute, both in England and in this country, and to which attention will be called in another chapter.

21. Offenses against the Property of Individuals.

The following offenses against the property of individuals are punished by the common law. Some are felonies, while others are merely misdemeanors. They are classed as offenses against property, because they immediately affect the property of particular individuals.

1. Larceny. This offense may be defined generally as the taking and carrying away of the mere personal goods of another, animo furandi, or with intent to steal.66 It was a felony at common law, and is still punished as a felony in all jurisdictions.

2. Cheats. It is a misdemeanor at common law, known as "cheating," for a person to fraudulently obtain the property of another by a deceitful practice, not amounting to a felony (larceny), which directly affects, or may affect, the public at large. But it is not cheating at common law to deceive any person

66 4 Bl. Comm. 229; post, § 303 et seq.

1

in any contract or private dealing by lies, unaccompanied by such practices.67

3. Malicious mischief.-At common law, it is a misdemeanor, known as "malicious mischief," to willfully and maliciously destroy or injure the property of another, under certain circumstances. This offense is now covered by various statutes in England and in this country. It is included here, as by Blackstone, among offenses against property. At common law, however, it was punished, not merely because of the injury to the property, but because of the tendency to provoke violent retaliation, and cause a breach of the public peace, and was therefore more properly an offense against the public peace."

68

4. Robbery is a felony at common law. It is a compound larceny,-the taking of the property of another from his person, animo furandi, by violence, or by putting him in fear.69

5. Receiving stolen goods with knowledge

post,

67 Steph. Dig. Crim. Law, art. 338; §§ 350-369. Cheating was classed by Blackstone

as an offense against public trade.

68 See 4 Bl. Comm. 243; post, § 388.

69 4 Bl. Comm. 241; post, § 370.

that they have been stolen, and with intent to defraud, is a misdemeanor at common law.70

6. Forgery is a misdemeanor at common law. It is the false making, with intent to defraud, of any writing which, if genuine, might apparently be of legal efficacy, or the foundation of a legal liability."1

71

As we shall see in a subsequent chapter, statutes have been enacted in all jurisdictions creating many new offenses against property. 22. Offenses against the Habitations of Individuals.

The only common-law offenses which more immediately affect the habitations of individ uals, and which are therefore classed as offenses against the habitation, rather than as offenses against property, are burglary and arson. These are both felonies at common law.

1. Burglary is the breaking and entering of the dwelling house of another in the nighttime, with intent to commit a felony.72

70 4 Bl. Comm. 132; post, § 380. This is included by Blackstone among offenses against public justice.

71 Post, § 392; 4 Bl. Comm. 247.

724 Bl. Comm. 223; post, $ 400.