KFLCC Kingdom Law 2nd Ed.

299

CRIER

CRIME

sometimes by treaties. Rev. St. U. S §§ 4374, 4375 (U. S. Comp. St 1901, p 2986). It is necessary for the protection of the crews of every vessel, in the course of the voyage, during a war abroad. Jac. Sea Laws, 66, 69, note. CRIER. An officer of a court, who makes proclamations. His principal duties are to announce the opening of the court and its adjournment and the fact that certain spe cial matters are about to be transacted, to announce the admission of persons to the bar, to call the names of jurors, witnesses, and parties, to announce that a witness has been sworn, to proclaim silence when so directed, and generally to make such proclamations of a public nature as the judges order. Rehearse the con cord, or peace. A phrase used in the ancient proceedings for levying fines. It was the form of words by which the justice before whom the parties appeared directed the Serjeant or countor in attendance to recite or read aloud the concord or agreement between the parties, as to the lands intended to be conveyed. 2 Reeve, Eng. Law, 224, 225: CRIM. CON. An abbreviation for "crim inal conversation," of very frequent use, de noting adultery. Gibson v. Cincinnati En quirer, 10 Fed. Cas. 311. CRIME. A crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole community, considered as a com munity in its social aggregate capacity, as distinguished from a civil injury. Wilkins v. U. S., 96 Fed. 837, 37 C. C. A. 588; Pound er v. Ashe, 36 Neb. 564, 54 N. W. 847; State v. Bishop, 7 Conn. 185; In re Bergin, 31 Wis. 386; State v. Brazier, 37 Ohio St. 78; Peo ple v. Williams, 24 Mich. 163, 9 Am. Rep. 119; In re Clark, 9 Wend. (N. Y.) 212. "Crime" and "misdemeanor," properly speak ing, are synonymous terms; though in com mon usage "crime" is made to denote such offenses as are of a deeper and more atro cious dye. 4 Bl. Comm 5. Crimes are those wrongs which the gov ernment notices as injurious to the public, and punishes In what is called a "criminal proceeding," in its own name. 1 Bish. Crim. Law, § 43. A crime may be defined to be any act done In violation of those duties which an indi vidual owes to the community, and for the breach of which the law has provided that the offender shall make satisfaction to the public. Bell. A crime or public offense is an act commit ted or omitted in violation of a law forbid ding or commanding it, and to which is an nexed, upon conviction, either of the follow ing punishments: (1) Death; (2) imprison ment; (3) fine; (4) removal from office; or (5) disqualification to hold and enjoy any CRIEZ IJA PEEZ.

office of honor, trust, or profit In this state. Pen. Code Cal. § 15. A crime or misdemeanor shall consist in a violation of a public law, in the commission of which there shall be a union or joint oper ation of act and intention, or criminal negli gence. Code Ga. 1882, § 4292. Synonyms. According to Blackstone, the word "crime" denotes such offenses as are of a deeper and more atrocious dye, while smaller faults and omissions of less consequence are called "misdemeanors." But the better use ap pears to be to make crime a term of broad and general import, including both felonies and misdemeanors, and hence covering all infrae- 7 tions of the criminal law. In this sense it is not a technical phrase, strictly speaking, (as "fel ony" and "misdemeanor" are,) but a convenient general term. In this sense, also, "offense" or public offense" should be used as synonymous with it. The distinction between a crime and a tort or civil injury is that the former is a breach and violation of the public right and of duties due to the whole community considered as such, and in its social and aggregate capacity; whereas the latter is an infringement or privation of the civil rights of individuals merely. Brown. A crime, as opposed to a civil injury, is the violation of a right, considered in reference to the evil tendency of such violation, as regard* the community at large. 4 Steph. Comm. 4. Varieties of crimes.—Capital crime. One for which the punishment of death is pre scribed and inflicted. Walker v. State, 28 Tex. App. 503, 13 S. W. 860; Ex parte Dusenberry, 97 Mo. 504, 11 S. W. 217.—Common-law crimes. Such crimes as are punishable by the force of the common law, as distinguished from crimes created by statute. Wilkins v. U. S., 96 Fed. 8^7, 37 C a A. 588; In re Greene (C. C.) 52 Fed. 111. These decisions (and many others) hold that there are no common law crimes against the United States.—Con structive crime. See CONSTRUCTIVE.—Con tinuous crime. One consisting of a contin uous series of acts, which endures after the period of consummation, as, the offense of car rying concealed weapons. In the case of in stantaneous crimes, the statute of limitations begins to run with the consummation, while in the % case of continuous crimes it only begins with the cessation of the criminal conduct or act. U. S. v. Owen (D C.) 32 Fed. 537.—Crime against nature. The offense of buggery or sodomy. State v. Vicknair, 52 La. Ann. 1921, 28 South. 273; Ausman v. Veal. 10 Ind. 355, 71 Am Dec. 331; People v. Williams, 59 Cal. 397.—High crimes. High crimes and mis demeanors are such immoral and unlawful acts as are nearly allied and equal in guilt to felony, yet, owing to some technical circumstance, do not fall within the definition of "felony." State v. Knapp, 6 Conn. 417, 16 Am. Dec. 68.—In famous crime. A crime which entails in famy upon one who has committed it. Butler v. Wentworth, 84 Me. 25, 24 Atl. 456, 17 L. R. A. 764. The term "infamous"—t. e., without fame or good report—was applied at common law to certain .crimes, upon the conviction of which a person became incompetent to testify as a witness, upon the theory that a person would not commit so heipous a crime unless he was so depraved as to be unworthy of credit. These crimes are treason, felony, and the crim en falsi. Abbott. A crime punishable by im prisonment in the state prison or penitentiary, with or without hard labor, is an infamous crime, within the provision of the fifth amend ment of the constitution that "no person shall be held to a.nswer for a capital or otherwise infamous crime unless on a presentment or in dictment of a grand jury." Mackin v. U. S.. 117 U. S. 34& 6 Sup. Ct 777, 29 L. Ed. 909.