threats, persuasions, gifts, entreaties, or in any other way than by the evidence and arguments of counsel in open court, is a corrupt influence. The giving of a reward to a juror or jurors, after verdict, partakes of the same char acter. Read 4 Bl. Comm., p. 140. 1 Russ. Cr., pp. 182, 183. 2 Arch. Cr. Pr., pp. 906, 907. § 451. Of Official Negligence. Official negligence is the voluntary failure of justices, sheriffs, constables, coroners, and other civil officers, to discharge those public duties which are imposed on them by the law. Where the duties are judicial in their character, the officer is not criminally liable unless he is corrupt, but where the duty is ministerial only, the neglect of it is always indictable. Legislators, judges of courts of record acting judicially, jurors, and such high officers of government as are entrusted with responsible discretionary duties, are not civil officers within the definition of this crime. Read 4 Bl. Comm., p. 140. 1 Russ. Cr., pp. 135, 138-140, 145. 2 Arch. Cr. Pr., pp. 591-595. § 452. Of Oppression. Oppression is the tyrannical partiality of any judge, justice, or other magistrate, in the administration of his office. To constitute this crime the acts of partiality must be corrupt, and proceed from dishonest motives, as from fear or favor, and not from a mere error of judgment or mistake of law. Read 4 Bl. Comm., p. 141. 1 Russ. Cr., pp. 135-137. 2 Whart. C. L., §§ 2517, 2518. § 453. Of Extortion. Extortion is the corrupt demanding or taking by an officer, under color of his office, of any fee which is not due to him, or which exceeds what is due.) Any officer, whether a justice, sheriff, attorney, tax-collector, or clerk of courts, and whether de jure or de facto, may commit this crime. The thing extorted must be taken as a fee; that is, demanded or received by the officer under color of his office. The extortion may be either by claiming a reward where the service is by law made gratuitous, or by demanding an amount greater than the law fixes for the service, or by refusing to perform the service till the fee is paid, in cases where the law does not entitle the officer to be paid in advance. The motive must be corrupt; for where the reward is paid voluntarily, in return for real benefits conferred by extra exertions of the officer, or where the officer acts in good faith under a mistake, there is no extortion. Extortion may be committed against a county or a corporation, as well as against an individual. Read 4 Bl. Comm., p. 141. 1 Russ. Cr., pp. 142-144. 2 Arch. Cr. Pr., pp. 596-602. 1 Bish. C. L., §§ 573, 587. § 454. Of Misprision of Felony. Misprision of felony is the neglect of any person, who knows that a felony has been or is about to be committed, to give such information as may prevent such felony, or bring the felon to justice. Mere knowledge of the felony, without assent to it, is enough to make the concealer guilty of this crime. If, by his assent, he contributes thereto, he becomes a partaker in the felony. Read 4 Bl. Comm., p. 121. 1 Russ. Cr., p. 131. 1 Bish. C. L., §§ 604, 624, 716–722, 895. 455. Of Riot. Rout. Unlawful Assembly. Crimes against public peace are those crimes, by which the peace and security of the public are disturbed. The principal offences of this class are the following: Riot; Rout; Unlawful Assembly; Carrying Arms; Challenging; Duelling; Affray; Disturbing Meetings; Forcible Entry and Detainer; and Libel. Riot is the doing of some unlawful act of violence, or of some lawful act in a violent and tumultuous manner, by three or more persons, who are congregated together for that purpose. The act must be one calculated to create apprehension of danger, in the minds of persons other than the rioters. It need not be unlawful; for, if it be ever so lawful, the doing of it in a turbulent manner, calculated to excite terror, amounts to riot. Nor is it necessary that the intent to do the riotous act exist before the actual assembling of the rioters; for a peaceable and lawful assembly may, by the subsequent formation of a riotous design, and the commission of the riotous act in pursuance thereof, become a riot. All persons who join the assemblage while it is engaged in a riot, and assist therein, are as truly rioters as if they had co-operated with it from the begin ning. All persons who are present, and concur in the acts of the assembly, are also responsible therefor. Rout is the congregating together of three or more persons, for the purpose of doing some act which, if done, would amount to riot, and the doing by them of something in reference thereto. It agrees in all respects with riot, except that it may be a complete offence without the commission of the intended act. Unlawful Assembly is the congregating together of three or more persons, for the purpose of doing some act which, if done, would amount to riot. Such an assembly need not intend any specific mischief; if it is of a character calculated to excite public terror and alarm, it is unlawful. Read 4 Bl. Comm., pp. 146, 147. 2 Arch. Cr. Pr., pp. 934-945. 2 Whart. C. L., §§ 2473-2493. 1 Bish. C. L., §§ 534, 537, 632, 637, 658, 795, 875. 2 Bish. C. L., §§ 56, 226, 653-655, 691, 1143–1155, 1183-1186, 1256-1259. 3 Greenleaf Ev., §§ 216-222. § 456. Of Carrying Arms. Carrying Arms is the going about armed with dangerous or unusual weapons, to the terror of the public. The Constitution of the United States secures the right to keep and bear arms, such as are used for purposes of war, in defence of the citizens or the state. It gives, however, no right to carry unusual weapons, or to carry any weapon in a tumultuous manner and to the disturbance of the public peace. Read 4 Bl. Comm., p. 149. 1 Bish. C. L., § 540. Cooley Const. Lim., p. 350. Challenging is the exciting, inviting, or provoking of another to fight. Duelling is the agreement of two or more persons to fight, and their actual fighting in pursuance of such agreement. A challenge may be verbal or written, and may be expressed in any words which are intended to be understood, and are understood, as an invitation to fight. Mere words of abuse, however, do not constitute a challenge. When death results from a duel, it is murder in the person killing; and all persons present, and giving countenance to the duel, are guilty of the same crime. Read 4 Bl. Comm., pp. 150, 199. 1 Russ. Cr., pp. 297, 298. 2 Whart. C. L., §§ 2674-2685 b. § 458. Of Affray. Affray is the fighting of two or more persons in a public place, to the terror of the public. A public place is a place to which people in general are, at the time, privileged to resort, without an invitation. A fight in a private place, though in the presence of others, is not an affray. Mere words are not such fighting as to constitute an affray; actual or attempted violence is necessary. The terror may be actual, or it may be presumed by law from the fighting itself, if calculated to excite it. An affray may be aggravated by the circumstances under which it is committed, as if it be dangerous in its tendency, or occur in a court of justice. Read 4 Bl. Comm., pp. 145, 146. 1 Russ. Cr., pp. 291–296. |