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ON THE

LAW OF CRIMES

BY

WM. L. CLARK

AND

WM. L. MARSHALL

SECOND EDITION

BY

HERSCHEL BOUTON LAZELL

ST. PAUL
KEEFE-DAVIDSON CO.

1905

COPYRIGHT, 1900

BY

KEEFE-DAVIDSON LAW BOOK Co.

COPYRIGHT, 1905

BY

KEEFE-DAVIDSON CO.

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

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