and create a reasonable apprehension of danger. The person robbed need not be the owner of the property, possession is enough. If the accused acted in good faith, under the impression that the property was his own, there is no robbery.

§ 666. Seduction.-Seduction is the enticing by a man of an unmarried woman of previous chaste character, by means of persuasions and promises, to have sexual intercourse with him. Some statutes require the promise to be a promise of marriage. Others make it a crime to debauch and seduce an unmarried female of previous chaste character without regard to the means employed. Where the consent is given merely from carnal lust and the intercourse is from mutual desire, there is no seduction. If the woman knew the man to be married she will not be heard to say that she consented to the intercourse because of a promise of marriage.

§ 667. Treason and misprision of treason.-Treason against the United States is where a person owing allegiance levies war against them, or adheres to their enemies, giving them aid and comfort. The different states define treason in substantially the same way. Under the federal constitution no person can be convicted of treason unless on the testimony of two witnesses to the same overt act. If a body of men be actually assembled for the purpose of effecting by force a treasonable design, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered traitors.

It is the duty of a citizen who has knowledge of the commission of treason against the United States to disclose the same to the president or a judge of the United States, or to the governor or some judge or justice of a state, and the failure to make such disclosure is misprision of treason.

CHAPTER XLVII.

CRIMINAL PROCEDURE.

§ 668. Arrest.-The criminal law having been violated, the question arises, how shall the offender be brought to punishment? And first, of arrest, which is the taking into custody an alleged offender, in order that he may be tried. The arrest may be made by an officer or any citizen with a warrant, by an officer or citizen without warrant, by any person upon hue and cry.

§ 669. Warrant for arrest.-A warrant is a writ directed to a sheriff, constable or officer, or other person named, requiring him to apprehend and bring before the magistrate or court, from which the writ issues, the person named in the writ as the of fender. The warrant, when issued by a magistrate, is based upon an oath made by some citizen charging the person named therein with the violation of some criminal law. When issued by a court, it is based upon an indictment found by the grand jury, or upon an information filed by the public prosecutor. It is the duty of the officer, or person charged with the duty of serving the warrant, to make the arrest without delay, and this is done by notifying the alleged offender named in the warrant that he is arrested. It is proper and usual to lay hands on the accused. A mere touching with the finger is

enough, and even this may be waived by the defendant if he submits to arrest. If a question is raised as to the authority of the officer or person making the arrest, it is customary for him to show the warrant, though this is not necessary, if he state the substance of the writ. If the offender knows the person to be an officer, no further notice. is required, and so if the officer exhibits his badge of office.

$ 670. When warrant void and when valid.-A warrant issued by a magistrate or court which has no jurisdiction of the offense charged gives no authority to the officer or person named to make the arrest. It must appear to be based upon some formal accusation made before a competent magistrate or tribunal, and to charge the person named therein with the commission of a specific offense; and it must bear the seal or signature of the court or magistrate who issued it. Mere clerical or formal errors are immaterial and will not destroy the validity of the writ. If an officer makes an arrest upon a void and illegal writ, he does so at his peril, and if the person apprehended is innocent, the officer may be liable in damages for false imprisonment.

§ 671. Arrest by officer without warrant.-An officer is in duty bound to arrest for felony without warrant where there is reasonable ground for suspecting the party to be guilty. If a crime or misdemeanor is committed in his presence, he has no discretion but must arrest the offender. If he is informed by others that a crime has been committed he must act with discretion and prudence and upon

reasonable grounds. It is the safer course always, when time will permit, to delay making arrest upon information without warrant and require those making the complaint or charge to make oath to it before a proper magistrate. The question in all such cases for the officer is, has he good grounds to believe that a crime has been or is about to be committed?

§ 672. Arrest by private person.-Private persons who are called upon by a proper officer to assist in making an arrest for felony must obey, and it is an offense against the law to refuse. In cases of felonies, if a private person without warrant has reasonable ground to suspect an other of being the guilty party, he may, if acting without malice and in good faith, make the arrest, and for doing so he is not liable civilly or criminally if the arrested person proves to be innocent. To protect a private person who makes an arrest for felony without warrant, it is necessary that a felony should have been committed, and that the person had good ground to believe that the person arrested was the guilty party. An officer is protected in such case if he have reasonable ground to believe that the party is guilty, whether a felony has been committed or not.

§ 673. Arrest upon hue and cry.—If a crime has been committed and an officer or people are in pursuit of a suspected offender, any citizen acting in good faith may apprehend the person pursued and keep him in custody until he has opportunity to deliver him to the officers of the law.

§ 674. What an officer may do in serving warrant and making arrest.-An officer with a warrant for