MISDEMEANOR (from lois- -1- demeanor, from demean, from ()F. rIeeneicr, demincr, to manage, from Lat. 4/4.. down + minarr, to leach, drive). The name given by English common law to every crime below the grade of felony (q.v.). By the common law, the offense of greatest enormity is treason. and the least is mis demeanor. The original distinction between felony and misdemeanor consisted in the conse quemes of a conviction. A party convicted of felony. if capital, forfeited both his real and estate: if not capital, his personal estate only. .1 party eonvieted of misdemeanor forfeited none of his property. The distinction is not kept up between the two classes of crimes by any greater severity of punishment in felony, for many misdemeanors are punished as severely as some felonies But it has been the practice of the legislature, when creating new offenses, to say whether they are to lie classed with felony or misdemeanor; and when this is done, the above incidents attaeh to the eonviction accord ingly, in the absence of legislation to the con trary.
\lisdemeanor. in the United States, does not include, in its legal application, offenses against police cite by-laws, and tlit. like. though in common language and in some statute: it may extend to any 1111:1/1•1111V10r. It is (11'1111.111 that what is a statute felony in one State may he :1 misdemeanor in ;mother. and it is therefore impossible to give a complete classification of such offenses. They may lie erintes against pub lie justice. peace. health. or trade; against per sonal or property right, of individuals: 01' may be mere attempt,: and solicitations.
Antes it j: provided that upon ate knowleihunent of satisfaction by the injured party. in such cases as assault and battery or malicious mischief. the criminal proeeeding shall. with the consent of the magistrate, he dropped; a course NV MI, obviously, would be improper in dealing with felonies.
See FELONY and LAW, CRIMINAL.