COMPOUNDING A FELONY. The act of a party immediately aggrieved, who agrees with a thief or other felon that he will not prosecute him, on condition that he return to him the goods stolen, or who takes a re ward not to prosecute.
2. This is an offence punishable by fine' and imprisonment, and at common law ren dered the person committing it an accessary. Hawkins, Pl. Cr. 125. A failure to prosecute for an assault with an intent to kill is not compounding a felony. 29 Ala. N.. s. 628. The accepting of a promissory note signed by a party guilty of larceny, as a considera tion for not prosecuting, is sufficient to con stitute the offence. 16 Mass. 91. The mere retaking by the owner of stolen goods is no offence, unless the offender is not to be prose cuted. Hale, Pl. Cr. 546 ; 1 Chitty, Crim. Law, 4.
3. The compounding of misdemeanors, as it is also a perversion or defeating of publio justice, is in like manner an indictable of fence at common law. 18 Pick. Mass. 440.
But the law will permit a compromise' of any offence, though made the subject of a criminal prosecution, for which the injured party might recover damages in an action. But, if the offence is of a public nature, no agreement can be valid that is founded on the consideration of stifling a prosecution for it. 6 Q. B. 308 ; 9 id. 371 ; 2 Bennett & H. Lead. Crim. Cas. 258, 262.
4. In the United States, compounding a felony is an indictable offence, and no action can be supported on any contract of which such offence is the consideration in whole or in part. 16 Mass. 91 ; 18 Pick. Mass. 440; 5 Vt. 42; 9 id. 23 ; 5 N. H. 553 ; 2 South. N. J. 578 ; 13 Wend. N. Y. 592; 6 Dan. Ky. 338. A receipt in full of all demands given in consideration of stifling a criminal prose cution is void. 11 Vt. 252.