KFLCC Kingdom Law 2nd Ed.

489

FEME

FELON

tinguished from a "misdemeanor," upon con viction for which no forfeiture followed. All Indictable offenses are either felonies or mis demeanors, but a material part of the dis tinction is taken away by St 33 & 34 Vict c. 23, which abolishes forfeiture for felony. Wharton. In American law. The term has no very definite or precise meaning, except in some cases where it is defined by statute. For the most part, the state laws, in describing any particular offense, declare whether or not it shall be considered a felony. Apart from this, the word seems merely to imply a crime of a graver or more atrocious nature than those designated as "misdemeanors." U. S. v. Coppersmith (C. C) 4 Fed. 205; Bannon v. U. S., 156 U. S. 464, 15 Sup. Ct. 467, 39 L. Ed. 494; Mitchell v. State, 42 Ohio St. 386; State v. Lincoln, 49 N. H. 469. The statutes or codes of several of the states define felony as any public offense on conviction of which the offender is liable to be sentenced to death or to imprisonment in a penitentiary or state prison. Pub. St Mass. 1882, p. 1290; Code Ala. 1886, § 3701; Code Ga. 1882, § 3404; 34 Ohio St. 301; 1 Wis. 188; 2 Rev.. St. N. Y. p. 587, § 30; People v. Van Steenburgh, 1 Parker, Cr. R. (N. Y.) 39. In feudal law. An act or offense on the part of the vassal, which cost him his fee, or in consequence of which his fee fell into the hands of his lord; that is, became for feited. (See FELONIA.) Perfidy, ingratitude, or disloyality to a lord. —Felony act. The statute 33 & 34 Vict. c. 23, abolishing forfeitures for felony, and sanc tioning the appointment of interim curators and administrators of the property of felons. Moz ley & Whitley; 4 Steph. Comm. 10, 459— Felony, compounding of. See COMPOUND ING FELONY.—Misprision of felony. See MISPRISION. FEMALE. The sex which conceives and gives birth to young. Also a member of such sex. The term is generic, but may have the specific meaning of "woman," if so in dicated by the context. State v. Hemm, 82 Iowa, 609, 48 N. W. 971. FEME. L. Fr. A woman. In the phrase "baron et feme" (g. v.) the word has the sense of "wife." —Feme covert. A married woman. Gener ally used in reference to the legal disabilities of a married woman, as compared with the condition of a feme sole. Hoker v. Boggs, 63 111. 161 —Feme sole. A single woman, in cluding those who have been married, but whose marriage has been dissolved by death or di vorce, and, for most purposes, those women who are judicially separated from their husbands. Mozley & Whitley ; 2 Steph. Comm. 250. Kirk ley v. Lacey, 7 Houst. (Del.) 213, 30 Atl. 994. -Feme sole trader. In English law. A married woman, who, by the custom of London, trades on her own accou.it, independently of her husband; so called because, with respect to her trading, she is the same as a feme sole. Jacob; Cro. Car. 68. The term is applied al-

his own life, or who commits some unlawful or malicious act which results in his own death. Hale, P. C. 411; 4 Bl. Comm. 189; Life Ass'n v. Waller, 57 Ga. 536. FELON. One who has committed felony; one convicted of felony. Felony. The act or offense by which a vassal forfeited his fee. Spel man; Calvin. Per feloniam, with a criminal Intention. Co. Lltt. 391. Felonia, ex vi termini significat quod libet capitale crimen felleo animo per petratnm. Co. Litt. 391. Felony, by force of the term, signifies any capital crime per petrated with a malignant mind. Felonia implicatnr in qnalibet pro ditione. <• 3 Inst 15. Felony is implied In every treason. FEIiONICE. Feloniously. Anciently an indispensable word in indictments for felony, and classed by Lord Coke among those voces artis (words of art) which cannot be ex pressed by any periphrasis or circumlocution. 4 Coke, 39; Co. Iitt. 391a; 4 Bl. Comm. 307. malicious; done with intent to commit a crime; having the grade or quality of a felony. People v. Moore, 37 Hun (N. Y.) 93; Aikman v. Com., 18 S. W. 938, 13 Ky. Law Rep. 894; State v. Bush, 47 Kan. 201, 27 Pac. 834, 13 L. R. A. 607; Com. v. Barlow, 4 Mass. 440. —Felonious assault. Such an assault upon the person as, if consummated, would subject the party making it, upon conviction, to the punishment of a felony, that is, to imprison ment in the penitentiary. Hinkle v. State. 94 6a. 595, 21 S. E. 595.—Felonious homicide. In criminal law. The offense of killing a hu man creature, of any age or sex, without justifi cation or excuse. There are two degrees of this offense, manslaughter and murder. 4 Bl. Comm. 188, 190; 4 Steph. Comm. 108, 111; State v. Symmes, 40 S. C. 383, 19 S. E. 16; Connor v. Com., 76 Ky. 718; State v. Miller, 9 Houst. (Del.) 564, 32 Atl. 137. With a felonious In tent; with the intention of committing a crime. An indispensable word in modern indictments for felony, as felonice was in the Latin forms. 4 Bl. Comm. 307; State v. Jesse, 19 N. C. 300; State v. Smith, 31 Wash. 245, 71 Pac. 767; State v. Halpin, 16 S. D. 170, 91 N. W. 605; People v. Willett, 102 N. Y. 251, 6 N. E. 301; State v. Watson, 41 La. Ann. 598, 7 South. 125; State v. Bryan, 112 N. C. 848, 16 S. E. 909. FELONY. In English law. This term meant originally the state of having forfeited lands and goods to the crown upon convic tion for certain offenses, and then, by transi tion, any offense upon conviction for which such forfeiture followed, in addition to any other punishment prescribed by law; as dis FELONIA. FELONIOUS. Malignant; FELONIOUSLY.