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the Hornbook Series

of elementary treatises on all the principal subjects of the law.

The special features of these books are as follows: 1. A succinct statement of leading principles in black-letter type. 2. A more extended commentary, elucidating the principles. 3. Notes and authorities.

Published in regular octavo form, and sold at the uniform price of

$3.75 per volume, including delivery.

Bound in American Law Buckram.

15.

1. Norton on Bills and Notes. (4th Ed.)
2. Clark on Criminal Law. (5d Ed.)
3. Shipman on Conmon-Law Pleauing. (20 Ed.)

Clark on Contracts. (3d Ed.)
5. Black on Constitutional Law. (3d Ed.)
6. Fetter on Equity.
7. Clark on Criminal Procedure.
8. Tiffany on Sales. (2d Ed.)
9. Glenn on International Law.
10. Jaggard on Torts. (2 vols.)
11. Black on Interpretation of Laws. (2d Ed.)
12. Hale on Bailments and Carriers.
13. Smith on Elementary Law.
14. Hale on Damages. (2d Ed.)

Hopkins on Real Property. 16. Hale on Torts. 17. Tiffany on Persons and Domestic Relations. (20 Ed.) 18. Croswell on Executors and Administrators. 19. Clark on Corporations. (3d Ed.) 20. George on Partnership. 21. Shipman on Equity Pleading. 22. McKelvey on Evidence. (2d Ed.) 23. Barrows on Negligence. 24. Hughes on Admiralty. 25. Eaton on Equity. 26. Tiffany on Principal and Agent. 27. Gardner on Wills. (2d Ed.) 28.

Vance on Insurance. 29. Ingersoll on Public Corporations. 30. Hughes on Federal Jurisdiction and Procedure. (2d Ed.)

Childs on Surety and Guaranty. 32. Costigan on American Mining Law. 33. Wilson on International Law. 34. Gilmore on Partnership. 35. Black on Judicial Precedents. 36. Tiffany on Banks and Banking. 37. Cooley on Municipal Corporations. 38. Burdick on Real Property. 39. Dobie on Bailments and Carriers.

31.

In preparation: Handbooks of the law on other subjects to be an

nounced later.

Published and for sale by

WEST PUBLISHING CO., ST. PAUL, MINN.

OF

CRIMINAL LAW

BY WM. L. CLARK, JR.

THIRD EDITION

BY WILLIAM E. MIKELL, B.S., LL.M.

PROFESSOR OF LAW IN THE UNIVERSITY

OF PENNSYLVANIA

ST. PAUL, MINN.
WEST PUBLISHING CO.

1915

COPYRIGHT, 1894,

BY

WEST PUBLISHING CO.

COPYRIGHT, 1902,

BY

WEST PUBLISHING CO.

COPYRIGHT, 1915,

BY

WEST PUBLISHING CO.

(CLARK CR.L.3D ED.)

(5967cl 3

PREFACE TO THIRD EDITION

In The preface to the first edition of Clark's Criminal Law the author stated that the book was intended to present a concise, but full, statement of the general principles of the criminal law. In preparing this, the third edition, the editor has pursued the same object. The distinguishing method of treatment followed in the Hornbook Series has likewise been retained. The text of the first and second editions has been to a not inconsiderable extent revised and added to wherever such revision or addition seemed necessary or expedient. All important cases decided since the second edition was published have been studied, and the results incorporated either in the text or notes.

W. E. M. CASTINE, MAINE, July 20, 1915.

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PREFACE TO SECOND EDITION

IN PREPARING a new edition of Mr. Clark's book, no departure from the original plan of the author has been made. The book is intended, as explained in the preface to the first edition, to contain a concise, but full, statement of the general principles of the criminal law, exclusive of criminal procedure, which has been made the subject of a separate volume in the Hornbook Series by the same author. The editor has incorporated much new matter, which has necessitated changes in the original text, and has made other changes which were suggested to him by a use of the book in the classroom. Many additional cases, most of them reported since the first edition, but some of them earlier leading cases, have been cited.

F. B. T. St. Paul, June 4, 1902.

(vi)

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