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Entered according to Act of Congress, in the year 1846, by

JAMES KAY, JR., AND BROTHER,

in the office of the Clerk of the District Court of the United States, in and for the Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1852, by
JAMES KAY, JR., AND BROTHER,

in the office of the Clerk of the District Court of the United States, in and for the Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1855, by
KAY AND BROTHER,

in the office of the Clerk of the District Court of the United States, in and for the Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1857, by
KAY AND BROTHER,

in the office of the Clerk of the District Court of the United States, in and for the Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1861, by
KAY AND BROTHER,

in the office of the Clerk of the District Court of the United States, in and for the Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1868, by
KAY AND BROTHER,

in the office of the Clerk of the District Court of the United States, in and for the Eastern District of Pennsylvania.

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Entered according to Act of Congress, in the year 1874, by
KAY AND BROTHER,

in the Office of the Librarian of Congress, at Washington.

Entered according to Act of Congress, in the year 1880, by
FRANCIS WHARTON,

in the Office of the Librarian of Congress, at Washington.

Entered according to Act of Congress, in the year 1888, by
FRANCIS WHARTON,

in.the Office of, the Librarian of Congress, at Washington.

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AMERICAN SECURITY AND TRUST COMPANY,

Substituted Trustee, under the Will of Francis Wharton,

WILLIAMS PRINTING COMPANY

INDEPENDENT PRESSROOM

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PREFACE TO NINTH EDITION

Since the issue of the eighth edition of this work, in 1880, the accumulation of important rulings bearing on it has required its careful revision. In carrying out this revision I have condensed the text as far as I could, but I have found it necessary, nevertheless, materially to increase the bulk of the volume. In the notes will be found references to more than three thousand cases not included in the prior edition.

WASHINGTON, Jan. 1889.

F. W.

PREFACE TO TENTH EDITION

In preparing a new edition of this work, in addition to the collection and insertion of later authorities and illustrative notes, it was deemed advisable to extend the scope of the work in some regards, and especially by including a full treatment of the requisites and sufficiency of indictments and informations for the various specific crimes and offenses. In carrying out this plan the chapters comprised within the work have been necessarily increased from twenty-one to one hundred, and almost one thousand new sections have been added. The number of cases cited has been more than quadrupled.

The new matter on Specific Crimes,—which ends with page 1708, is thought in and of itself to justify this new edition. While it has been sought to bring out every point that has been adjudicated, and collect the cases, it must be borne in mind that most of the rulings cited, and a large proportion of the conflict pointed out, are due to statutory provisions in the various jurisdictions. The statute under which any particular decision was made. should be carefully collated with the statute under which it is sought to be applied.

LOS ANGELES, CAL., May 15, 1918.

JAMES M. KERR

CONSPECTUS

CHAPTER I.

APPREHENSION-IN GENERAL.

Introductory "Apprehension" and "arrest".
Same-Distinction sanctioned by good usage.
Same-Doctrine of the decisions..

Same-Law text-writers. . . .

Derivation of the words-Etymological distinctions..
Same-Apprehend

Same--Arrest

.....

Same-Another ground of distinction..

Same-Difference of ultimate meaning, similarity of use.

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Criminal procedure usually commences with oath before magistrate...
Officer may be described by office..
Form and sufficiency of warrant.

V

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