A Treatise on the Law of Crimes

to be prevalent among practitioners who have little or no practice in the criminal courts, and among students, that the criminal law is of so little importance to them that it is not necessary to know much about it. This idea is very erroneous. Aside from the fact that no one can be a well-educated lawyer who has not a comprehensive knowledge of the criminal law, a knowledge of the criminal law is often of the utmost importance in the practice of every lawyer, whatever may be his specialty. This is well illustrated by a late case, in which an action was brought on an insurance policy, and the question arose whether the insured, at the time he was injured, was engaged in an attempt to kill game in the close season, and therefore engaged in the commission of a crime, so as to prevent a recovery on the policy. It appeared that he had merely started out with a loaded gun with intent to shoot game, and it was held that this was not an attempt to kill game, but mere preparation. It is perhaps safe to say that a large majority of insurance lawyers in the country would not make this distinction without looking the question up. Every lawyer should at least be familiar with the general principles of the criminal law, whether he expects to practice in that branch of the law or not.

One who uses this work will find it of benefit to examine and refer to the table of contents printed at the beginning, as it is a complete analysis of the entire work. The index has been prepared with care, and is very full.

New York City, December 8, 1900.

WILLIAM L. CLARK,
WILLIAM L. MARSHALL.

PREFACE TO SECOND EDITION.

This edition has been written to meet a very general demand that the original work be brought down to date. It is also believed that the appearance of the work in one volume of full size will meet with the approval of its users.

The scope of the original work has not been enlarged or changed in any manner. Neither has any attempt been made to vary the original classification except the addition of a very few, and perhaps inconsequential, sections to the sub-analysis.

An effort has been made to preserve the original text so far as possible. At the same time the revisor has not hesitated to make such changes as the decisions warrant. Some considerable matter has been added by way of elucidation whenever such seemed advisable.

It is believed that every criminal case decided since the issuance of the original edition has been examined. Those merely cumulative have been rejected, but the aim has been to preserve every case which serves in any manner to aid the student in understanding the principles. Few, if any, cases can be said to lay down new principles, but many adaptations of the old principle to new states of fact have been found. These illustrative, novel cases have been carefully and fully presented. H. B. L.

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