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MISDEMEANOUR

Volume 7 · 128 words · 1778 Edition

in law, signifies a crime. Every crime is a misdemeanor; yet the law has made a distinction between crimes of an higher and a lower nature; the latter being denominated misdemeanours, the former felonies, &c. For the understanding of which distinction, we shall give the following definition from Blackstone's Commentaries, vol. iv. 5.

"A crime, or misdemeanor, is an act committed or omitted, in violation of a public law, either forbidding or commanding it. This general definition comprehends both crimes and misdemeanours; which, properly speaking, are mere synonymous terms; tho' in common usage, the word crime is made to denote such offences as are of a deeper and more atrocious dye; while smaller faults, and omissions of less consequence, are comprised under the gentler name of misdemeanours only."