XLI. TREASON. The Revised Statutes declare that the following acts shall constitute treason against the people of this State: 1. Levying war against the people of this State within the State; or, 2. A combination of two or more persons, by force, to usurp the government of this State, or to overturn the same, evidenced by a forcible attempt, made within this State, to accomplish such purpose; or, 3. Adhering to the enemies of this State while separately engaged in war with a foreign enemy, in the cases prescribed in the Constitution of the United States, and giving to such enemies aid and comfort in this State or elsewhere.1 Whenever any person shall be outlawed upon a conviction for treason, the judgment thereupon shall produce a forfeiture to the people of this State during the lifetime of such person, and no longer, of every freehold estate in real property of which such person was seized in his own right at the time of such treason committed, or at any time thereafter, and of all his goods and chattels.2 The following embrace the leading points of what will constitute treason, as decided by the United States courts upon the trial of important cases of treason against the federal govern ment: War can be levied only by the employment of actual forces. Men must be openly raised; troops must be embodied; yet neither arms nor the actual application of force to the object are indispensably requisite. But it is high treason to march in arms, with a marshaled and arrayed force, committing acts of violence and devastation, in order to compel the resignation of a public officer, and thereby to render more inoperative and ineffectual an act of Congress. All such who perform any part, however minute, or remote from the scene of action, when war is levied, if they are leagued in the general conspiracy, commit treason. But 4 U. S. v. Fries, 196; U. S. v. Vigol, 2 Dall., 346; U. S. v. Mitchell, Id., 348-256. ⚫ Ballman & S., 4 Cr., 75; U. S. v. Fries, Trial, 167; U. S. v. Burr, 4 Cr., the traveling of individuals to a place of rendezvous, separately or together, but not in military form, is not treason.1 Nor a conspiracy to levy war, nor a secret unarmed meeting of conspirators, not in force, nor in warlike form, though met with treasonable intent, nor the actual enlistment of men to serve against the government; but these offences are high misdemeanors. But the marching of individuals from places of partial to places of general rendezvous has been held to be treason.3 The commissioners of the penal code say that the decisions of the federal courts settle the construction of the phrase levying war, to be where persons rise in insurrection with intent to prevent, in general by force and intimidation, the execution of a statute of the State, or to force its repeal; but that an endeavor, although by force and arms, to resist the execution of law in a single instance and for a private purpose is not levying war. The common law proceedings for the outlawry of a defendant in criminal cases are abolished. The statutory proceedings for the outlawry of persons convicted of treason will be found in 2 R. S., 744. XLII. VIOLATION OF ELECTION AND REGISTRY ACTS. Any inhabitant of another State who shall vote or offer to vote at any general, town or city charter election in this State is to be adjudged guilty of a felony.5 In addition to the above violation of the election law, which is by statute declared to be a felony, there are a variety of other violations thereof which are misdemeanors, and will be found mentioned under that title. If any of the messengers authorized to receive the certified statements of the electoral votes in this State shall be guilty of destroying the certificates intrusted to their care, or of willfully doing any act that shall defeat the delivery of them as directed by law, they are guilty of a felony; and if any person shall be guilty of taking away from any of the said messengers, by force or in any other manner, any such certificates intrusted to his care, 'Ballman & S., 4 Cr., 75; U. S. v. Fries, Trial, 167; U. S. v. Burr, 4 Cr., 485. 4 Cr., 126-486-126-128. Ball. & S., 4 Cr., 75; U. S. v. Fries, Trial, 167; U. S. v. Burr, 4 Cr., 485. Draft Penal Code, § 59. * Laws of 1839, p. 365, ch. 389, § 14. or of willfully doing any act that shall defeat the due delivery thereof, as directed by law, he is also guilty of a felony.1 The statutes further provide in respect to the registry law, that "Any person who shall cause his name to be registered in more than one election district, or who shall cause his name to be registered, knowing that he is not a qualified voter in the ward or district where such registry is made, or who shall falsely personate any registered voter, and any person causing, aiding or abetting any person in any manner in either of said acts, is guilty of a felony. All false swearing before the boards of registration are declared to be willful and corrupt perjury, and punishable as such. And any member or officer of the board of registration who shall willfully violate any of the provisions of the registry act, or be guilty of any fraud in the duties of his office, is also declared to be guilty of a felony."2 XLIII. VIOLATING GRAVES, ETC. The provisions of the Revised Statutes upon this subject are as follows: (a) Every person who shall remove the dead body of any human being from the grave or other place of interment, for the purpose of selling the same, or for the purposes of dissection, or from mere wantonness, is guilty of a felony.3 (b) Every person who shall purchase or receive the dead body of any human being, knowing the same to have been disinterred contrary to the provisions of the preceding section, shall, upon conviction, be subject to the like punishment.* (c) Every person who shall open a grave or other place of interment, with intent, 1st, to remove the dead body of any human being for the purpose of selling the same, or for the purpose of dissection, or, 2d, to steal the coffin or any part thereof, or the vestments or other articles interred with any dead body, is guilty of a felony.5 ERRATA. On pago 16, line 6, for "principai" read "principal," and for "effender" read "offender." On page 34, in 11th line, after "intent" insert "in." On page 63, insert a comma after "disposed" in line 12, and after "duty” in line 13. Page 114, 3d line, for "matter" read "mother." Page 186, in 8th line, from bottom of page, for "courts of sessions" read "courts of special sessions." variance between the advice and execution of a felony.......... 23, 24 repentance of accessory. accessory before the fact to a murder, guilty of murder.. .... concealment of intended felony... 25 conviction of an accessory before the fact 25 accessory must know that the felon is guilty... acts which will render a man guilty as an accessory after the fact... 26 26 the receiving of an accessory before the fact.... persons attempting to commit and soliciting others to commit offences 28 ADDRESSES TO THE JURY BY COUNSEL. |