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MISDEMEANOUR

Volume 14 · 128 words · 1815 Edition

in Law, signifies a crime. Every crime is a misdemeanor; yet the law has made a distinction between crimes of a 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; though, 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."