TREATISE

ON

Crimes & Misdemeanors.

IN TWO VOLUMES.

By. WM. OLDNALL RUSSELL,
OF LINCOLN'S INN, ESQ. BARRISTER-AT-LAW.

First American Edition;

WITH ADDITIONAL NOTES OF DECISIONS IN THE AMERICAN COURTS.

DISTRICT OF MASSACHUSETTS, to wit :

District Clerk's Office.

BE IT REMEMBERED, that on the thirteenth day of April, A. D. 1824, in the forty-eighth year of the Independence of the United States of America, Wells and Lilly of the said District, have deposited in this Office the Title of a Book the Right whereof they claim as Proprietors, in the Words fol• lowing, to wit:

A Treatise on Crimes and Misdemeanors. In two volumes. By Wm. Oldnall Russell, of Lincoln's Inn, Esq. Barrister-at-law. First American Edition; with additional Notes of decisions in the American Courts. By Daniel Davis, Solicitor General of Massachusetts.

In Conformity to the Act of the Congress of the United States, entitled "An Act for the encourage ment of Learning, by securing the Copies of Maps, Charts, and Books, to the Authors and Proprietors of such Copies, during the Times therein mentioned:" and also to an Act entitled, “An Act supplementary to an Act, entitled, An Act for the encouragement of Learning, by securing the Copies of Maps, Charts, and Books to the Authors and Proprietors of such Copies during the times therein mentioned; and extending the Benefits thereof to the Arts of Designing, Engraving, and Etching Historical and other Prints,"

JNO. W. DAVIS.

Clerk of the District of Massachusetts.

Preface

BY THE AMERICAN EDITOR.

THE original work contains the principles of the Common Law, the English Statutes, and Decided Cases, relative to every offence which may be the subject of a prosecution by indictment, except High Treason. The American law upon the subject of that offence, may be found in the following cases and references, viz.:

Constitution of the U. S. Chap. I. Sect. 7. Art. 3d. and Chap. 2. Sect. 8. Art. 3d.

4 Cranch. Rep. 471. United States v. Burr. Appendix 490. 499. 11 Johns. Rep. 549.

2 Dall. 86. Commonwealth v. M'Carty.

In the edition now offered to the public, those parts of the original work which have no application to the jurisprudence of this country, have been omitted; such as the numerous English Statutes, the provisions of which are altogether local, and which, of course, relate to subjects foreign to the administration of justice in the American courts.

The additional matter furnished in this edition, consists of notes of decisions collected from the American Reports, and references to American Statutes; with respect to the former, a digest of those decisions, and in some of them, the grounds and principles upon which they are founded, are given. The great and constant increase of law publications, rendered it unnecessary and inexpedient, in the opinion of the editor, further to enlarge the size of this edition.

Boston, April, 1824.