Misdemeanor

“ If one in the heat of a fight, intending to disable or maim his antagonist, should cut him ever so slightly, he is guilty of a felony, but, if he “on purpose, and of malice aforethought by lying in wait, shall unlawfully cut out the tongue, put out an eye, cut off the nose * * * or cut off any limb” of his victim, he commits only a misdemeanor. ”

“ Be it further enacted, That all persons present, and not giving immediate information on the offenders, shall be regarded as guilty of a misdemeanor against the law, and shall be punished accordingly. ”

“ This term 'misdemeanor' has been generally understood to mean the lower grade of criminal offense as distinguished from a felony. It is true that the term has often been used in the statutes of the United States without strict regard to its common-law meaning, and sometimes to describe offenses of a high grade, which have been declared in the statutes to be misdemeanors. In the statutes of the states, the term has generally been defined as embracing crimes not punishable by death or imprisonment in the penitentiary. ”

“ There is [Pg 30] no reason why one should be a felon, another guilty of only a misdemeanor, while still another is guilty of nothing at all. The cause of crime is our general and widespread lack of respect for law, and this in turn is largely due to the unpunished, and often unpunishable, dishonesty which seems to permeate many phases of commercial activity. ”

“ It is a misdemeanor, a high misdemeanor in a judge, wantonly to give an opinion upon any case which is to come before him, previously to the swearing of the jury, and the offence is made much greater by the opinion being publicly declared in the presence of the jury, who ought to come to the trial of every cause with minds wholly free from prepossession against either party. ”

“ None other than citizens of the United States were within the provisions of the Act. It provided that 'any person who, under color of any law, statute, ordinance, regulation, or custom, shall subject, or cause to be subjected, any inhabitant of any State * * * to the deprivation of any right secured or protected by this act' should be guilty of a misdemeanor. ”

“ Looking to the language of the clause, it is difficult to comprehend how any doubt could have arisen as to its meaning and construction. The words, 'treason, felony, or other crime,' in their plain and obvious import, as well as in their legal and technical sense, embrace every act forbidden and made punishable to a law of the State. The word 'crime' of itself includes every offence, from the highest to the lowest in the grade of offences, and includes what are called 'misdemeanors,' as well as treason and felony. ”

“ In carrying to prison for any crime whatsoever, if the party so carried escape himself, or if he be rescued by others, he and they are guilty of a very high misdemeanor, and in some cases, those who assist in making the rescue may be guilty of felony or high treason. ”

“ There can be no general rule based merely on the name or kind of crime committed which is going to tell us which offender is really the worst. A misdemeanor may be very much more heinous than a felony. The adulterator of drugs or the employer of illegal child labor may well be regarded as vastly more reprehensible than the tramp who steals part of the family wash. So far as that goes there are an [Pg 7] alarming multitude of acts and omissions not forbidden by statute or classed as crimes which are to all intents and purposes fully as criminal as those designated as such by law. ”

“ Any person who shall willfully neglect or refuse to report such death or who without written order from a medical examiner shall willfully touch, remove or disturb the body of any such person, or willfully touch, remove, or disturb the clothing, or any article upon or near such body, shall be guilty of a misdemeanor. ”

“ If any officer or other person charged with any duty in the selection or summoning of jurors, shall exclude, or fail to summon, any citizen in the case aforesaid, he shall, on conviction, be guilty of misdemeanor and be fined not more than five hundred dollars. ”

“ And be it further enacted, That if in the act of violating any provision in either of the two preceding sections, any other felony, crime, or misdemeanor shall be committed, the offender, on conviction of such violation of said sections, shall be punished for the same with such punishments as are attached to the said felonies, crimes, and misdemeanors by the laws of the State in which the offence may be committed. ”

“ It is essential to justify such an arrest that the offense committed shall amount to a breach of the peace, that such offense shall have been actually committed or attempted in the presence of the person making the arrest, and that the arrest be made at the time when the offense was committed. No private person has the right to make an arrest for a misdemeanor without a warrant after the event or upon mere information or suspicion. ”

“ There was a ripple of laughter in the courtroom, as every one saw at once the absurdity of trying to hold one man responsible for the misdemeanor of which a whole community was guilty, and in a few minutes the matter was nolle prossed. ”

“ This enumeration of specific acts of misdemeanor connotes, generally speaking, the ordinary offense of disorderly conduct, such as is condemned in our Disorderly Act; and, as has been observed, such disorderly conduct, to be the subject of public prosecution, must occur in a "public place," within the jurisdiction of the City Magistrate, and the environment of the city. A travelling car manifestly is not such a public place. ”

“ No. 96-287, at 31-33 (dissenting views of Rep. Holtzman and Rep. Sensenbrenner) .↑ "A misdemeanor is any offense for which the maximum term of imprisonment that may be imposed does not exceed one year. An unlimited fine may also be imposed." ”

“ The words, in the sixth amendment, 'to be informed of the nature and cause of the accusation,' obviously refer to a person accused of crime, whether a felony or misdemeanor, for which he is prosecuted by indictment or presentment, or in some other authorized mode which may involve his personal security. ”

“ In the instant case we are dealing with a statute that invokes punishment as for a felony where the same conduct, if committed in a non-labor dispute, would be a misdemeanor—an offense as to which the guilty party might be discharged upon payment of a small fine, as compared with a possible two-year prison term. ”

“ If convicted of a misdemeanor which imports fraud or dishonesty, the same course will be taken. He will also be struck off the roll for gross malpractice or dishonesty in his profession, or for conduct gravely affecting his professional character. ”

“ Every principal in the second degree and every accessory before or after the fact to any such felony as aforesaid, shall be guilty of felony, and punishable as the principal in the first degree ;—And every person who aids, abets, counsels or procures the commission of any such misdemeanor as aforesaid, shall be guilty of a misdemennor and punishable as a principal offender ”

“ The Justices of the Peace decided misdemeanors such as abduction of heiresses, illegal entry, petty thievery, damage to crops, fence-breaking, brawling, personal feuds, drunken pranks, swearing, profanation of the Sabbath, alehouse nuisances, drunkenness, perjury, and malfeasance by officials. They held petty and quarter sessions. Many people were hanged for the felony of theft over 12d. Some bold men accused of felony refused to plead so that they could not be tried and found guilty. They died of heavy weights being placed on their bodies. ”

“ A fellow who bumps into you on the street, if he be accompanied by another, and grabs your cane, is guilty of robbery in the first degree,—"highway" robbery,—and may get twenty years for it, but the same man may publish a malicious libel about you, and by accusing you of the foulest practices rob you of your good name and be only guilty of a misdemeanor. ”

“ That any person who shall in this240 Commonwealth without due authority pretend or hold himself out to any one as a deputy sheriff, marshal, policeman, constable or peace officer, shall be deemed guilty of misdemeanor. ”

“ In France, since the fourteenth century, misdemeanors have been prosecuted the more generally by the public minister, acting under whose orders are numerous officers of judiciary [90] police, who entertain the complaints of the public and send them, with the result of their examination, to our courts. ”