by the wayside, and his assailant, immediately and in his sight, picked it up; in all these cases, the act was adjudged to be a taking from the presence of the owner. And, on the other hand, where thieves struck money from the owner's hand and it fell upon the ground, whence they immediately took it up, it not appearing that he saw them do so, or that the money remained within his control, it was held to be no robbery.

Read 4 Bl. Comm., p. 242.

1 H. P. C., pp. 532–534.

3 Chitty C. L., pp. 802, 803.

1 Russ. Cr., pp. 873, 874.

2 Arch. Cr. Pr., pp. 506–508, 528–532.

2 Whart. C. L., §§ 1696, 1701.

2 Bish. C. L., §§ 1177, 1178.
3 Greenleaf Ev., § 228.

§ 436. Of Robbery. The Violence or Putting in Fear. The property must be taken either by violence or by putting in fear. When the taking is by violence, the violence must be some other exercise of physical force than that which is necessarily involved in the act of taking. It consists in an attack upon the person of the owner, in distinction from the mere attack upon his property. Thus where an object is snatched from the hand of the owner, or is stealthily extracted from his pocket, there is no robbery. But if it be attached by a chain to his neck, so that the taking of it applies force to his person, or if there be a struggle for its possession before the taking, there is sufficient violence to make the theft a robbery. The violence, as well as putting in fear, must, however, either precede or accompany the taking; for a personal injury, committed after a taking without violence, does not alter the original character of the theft. To put in fear is to excite, in the mind of the

owner, a reasonable apprehension that physical injury will be inflicted upon him, or that he will be prosecuted for the crime of sodomy. This fear may be excited by threats, or by acts which manifest the intent to commit violence. The property must be parted with by the owner, while he is under the influence of such fear, but it need not be at the same time that the threats were made against him. Thus where a thief compelled a man to swear that he would bring a sum of money to him at a certain place, and threatened him with death if he failed to do so, the delivery of the money at a subsequent time under such fear, and its acceptance by the thief, was held to be a robbery. So where, under fear of a prosecution for sodomy, a man promised to pay money, and afterwards, under the influence of the same fear, actually paid it, the taking of the money was considered robbery. It has been also decided that the threatened injury need not be to the person of the owner only, but that threats of violence to his child, if made in his presence and for the purpose of theft, are of the same effect as if the threat had been of violence to himself.

Read 4 Bl. Comm., pp. 242, 243.

1 H. P. C., p. 534.

3 Chitty C. L., pp. 803-805.

1 Russ. Cr., pp. 874-900.

2 Arch. Cr. Pr., pp. 508-520, 524-528.

2 Whart. C. L., §§ 1698-1700, 1702.

2 Bish. C. L., §§ 1166-1176.

3 Greenleaf Ev., §§ 229-235.

CHAPTER VI.

OF MISDEMEANORS AND STATUTE-FELONIES.

§ 437. Of Statute-Felonies.

All crimes, which are neither treason nor felony, are misdemeanors. Statute-felonies are either misdemeanors, whose prosecution and punishment are, by statute, made to follow the procedure in felony, or are acts, not before known as crimes, which, by statute, are made felony. No crime, however, can be a felony unless it is such at common law, or is expressly declared to be so by a statute.

Read 1 H. P. C., pp. 703–708.

1 Bish. C. L., §§ 235, 615, 618, 620, 622, 935.

§ 438. Of the Classes of Misdemeanors and StatuteFelonies.

Misdemeanors and statute-felonies have been divided into nine classes: (1) Crimes against Public Justice; (2) Crimes against Public Peace; (3) Crimes against Public Trade; (4) Crimes against Public Health; (5) Crimes against Public Policy; (6) Crimes against the Persons of individuals; (7) Crimes against the Property of individuals; (8) Attempts; and (9) Solicitations. This classification is not entirely accurate, for there are several offences, which attack more than one public interest or right, and therefore belong to two or more of these divisions. With this exception, however, it presents, as well as any other

that can be devised, the distinctive characteristics by which these crimes are separated from each other.

Read 4 Bl. Comm., pp. 128, 177.

1 Bish. C. L., §§ 444–597.

§ 439. Of Perjury.

Crimes against public justice are those crimes by which the course of legal proceedings is perverted, impeded, or prevented. The principal crimes of this class are the following: Perjury; Bribery; Escape; Prison-Breach; Rescue ; Receiving stolen goods; Compounding; Falsifying Records; Obstructing Process; Barratry; Maintenance; Champerty; Conspiracy; Conspiracy; Embracery; Official Negligence; Oppression; Extortion; Misprision of Felony. Perjury is the wilful giving of false testimony under oath, before a competent tribunal, upon a point material to the issue. Testimony is wilfully false when the person testifying wilfully misrepresents the matter as it lies in his own mind, as when he testifies to what he knows is not true, or to what he does not know to be true, or to what he believes to be false. It is the corrupt intention which constitutes this crime; and one who states the fact as it really is, if he believes that in so doing he is stating falsely, gives false testimony. But no statement, however untrue, if made under a bona fide mistake, is false testimony, even if such mistake were the result of great carelessness. A person is under oath whenever he has been sworn or affirmed in legal form by an officer duly empowered so to do. A competent tribunal is one, which by law has cognizance of judicial proceedings, though, in some States, it includes all authorities, by whom the truth of any issue, involving temporal disadvantage, may be investigated and decided. Testimony is upon a point material to the issue, whenever it is calculated to influence the tribunal in its decision of the

issue, whether such influence be great or small.

Suborna

tion of perjury is the procuring of another person to commit perjury.

Read 4 Bl. Comm., pp. 137-139.

2 Chitty C. L., pp. 302-318.

2 Russ. Cr., pp. 596-603, 622-669.

2 Arch. Cr. Pr., pp. 949–979.

2 Whart. C. L., §§ 2198-2287.

1 Bish. C. L., §§ 320, 437.

2 Bish. C. L., §§ 1014-1056, 1197-1199.
3 Greenleaf Ev., §§ 188-202.

§ 440. Of Bribery.

Bribery is the giving or receiving of any valuable thing, in order that the receiver may be corruptly influenced thereby, in the discharge of some public duty. This crime is committed equally by the giver and by the receiver. The acts, which it is designed to influence, need not be judicial acts; to procure a public appointment by means of an undue reward, and to corruptly obtain votes for a public office, are bribery.

Read 4 Bl. Comm., pp. 139, 140.

1 Russ. Cr., pp. 147–160.

2 Arch. Cr. Pr., pp. 903-906.

2 Bish. C. L., §§ 85–89.

3 Greenleaf Ev., §§ 71-73.

§ 441. Of Escape.

Prison-Breach Rescue.

Escape is the flight from custody of a person, who is under lawful arrest and imprisonment. It may also be committed by an officer, who either connives at the flight of a person from his custody, or negligently permits him to escape. The person escaping, and the officer who negligently permits it, are guilty of a misdemeanor, but an officer, who connives at an escape, becomes guilty of the