MISPRISION.) The question whether a particular offence is felony or mis demeanour can be answered only by reference to the history of the offence and not by any logical test. For instance, killing a horse in an unlicensed place is still felony under a statute of 1786. But most crimes described as felonies are or have been capital offences at common law or by statute, and have also entailed on the offender attaint and forfeiture of goods. A few felonies were not punishable by death, e.g., petty larceny and mayhem. Where an offence is declared a felony by statute, the common law pun ishments and incidents of trial attach, unless other statutory pro vision is made.
felonies were: homicide, rape, lar ceny (i.e., in ordinary language, theft), robbery (i.e., theft with violence), burglary and kindred offences. Counterfeiting the coin has been made a felony instead of being treason ; and forgery of most documents has been made a felony instead of being, as it was at common law, a misdemeanour.
the chief practical distinctions between felony and misdemeanour are:— I. That a private person may arrest a felon without judicial authority and that bail on arrest is granted as a matter of discre tion and not as of right.
2. That on a trial for felony the accused has a right peremp torily to challenge, or object to, the jurors called to try him, up to the number of 20.
in absentia, and that the jury who try him may not separate during the trial without leave of the court, which may not be given in cases of murder.
4. That peers charged with felony are tried by the king in par liament (the House of Lords) or by the court of the lord high steward.
felonies as being the most serious crimes, as distinguished from the lesser crimes or misdemeanours. Conviction of a felony may carry with the penalty, imprisonment in the penitentiary instead of a gaol, which is the usual sentence (apart from fines) for those found guilty of misdemeanours. However, a gaol sentence often is imposed in the option of the court. Conviction for some felonies, such as murder, rape and kidnapping, may mean the death penalty in most States.
