810 
tutes the peculiar nature and weightiest 
part of an offence is made the character 
of a genus, and includes under its gene- 
ral title all the species and varieties of 
the crime. Thus chap. 16, of larceny 
and robbery, extends through two hun- 
hundred and sixty-eight pages of the 
book, and embraces eyery offence of 
which theft is the prominent feature; but 
it does not extend to burglary ; because, 
though that offence inciude a theft, or 
an intention of theft, it has the more im- 
portant character of a breaking into the 
house at night, and therefore constitutes 
a chapter by itself. 
In this classification, chap. 16, larceny 
and robbery, chap. 5, homicide, chap. 
19, forgery, chap. 2, high treason, are 
the most extensive; and as a specimen of 
the author’s more detailed divisions of 
his subject, and his mode of investigating 
it, we will give a fuller account of the 
first of these. 
To each chapter of the work is pre- 
fixed an analysis of its contents, executed 
with that care which distinguishes the 
whole performance. But we cannot 
agree with our author in the propriety 
of placing them at the head of each 
chapter, instead of collecting them at the 
beginning of the book. By the method 
he has adopted, the whole of. the vo- 
lumes must be turned over to find the 
contents; and a reader is deprived of 
the advantage of seeing the total divi- 
sion and arrangement of the subject at 
once, which often very greatly facilitates 
his discovery of the passage or learning 
of which he is in search. 
In the chapter on larceny the author 
begins by stating, that the offence of fe- 
loniously taking the personal property of 
another is denominated either J/arceny 
when the fact is accomplished secretly, 
or by surprise, or fraud; or robbery when 
accompanied by circumstances of vio- 
lence, threats, or terror, to the person de- 
spoiled. He then divides the subject into 
I. Of simple larceny, its definition, and 
an illustration of the component parts 
of such definition; in the course of which 
are noticed the variations which have 
from time to time been introduced by 
statute. ; 
Ii. Of larceny clam and secrete from 
the person, 
Il}. Of robbery, properly so called. 
IV. Of grand and petit larceny and 
robbery, with their several punishments.. 
V. OF principals, accessaries, and re- 
ceivers. aw ahd : 
LAW. 
VI. Of the trial, indictment, appeal, 
evidence, and verdict. 
VII» Of the restitution of stolen goods. 
As to the Ist head, the author exa- 
mines the definition of larceny by Brac- 
ton, Lord Coke, Mr. Justice Blackstone, 2 
Eyre, &c. and gives itthus: “thewrong, 
ful or fraudulent taking and carryin , 
away by any person of the mere persona 
goods of another, from any place, with 
a felonious intent to convert them to his 
(the taker’s) own use, and make them 
his own property, without the consent of 
the owner.’’ 
He then pursues the investigation un, 
der this division. 
1, What is a mere taking. 
2. What a carrying away, 
3, By what person, 
4. Of what things. 
5. From what ed 
6. To whom belonging. 
7 What is such evidence of the taking 
and carrying away, being wrongful ox 
fraudulent, and with intent to convert 
the goods to the taker’s own use, and 
make them his own property, with- 
out the consent of the owner, as will 
amount to felony. 
‘These several heads again branch out 
into many subdivisions, and after the 
common law the statutes are stated in 
order of time. Under the last head, that 
of the felonious intent, the different 
grounds of defence are thus stated : 
1. Evidence on denial of the fact.— 
Confession. 
2. On claim of right. 
3. On taking by mistake or accident. 
4, On taking as a trespasser. 
5. On finding. 
6. On delivery by a third person, 
7. Taking on delivery, by or on be 
half of the owner, or by his consent or 
approbation. 
(This falls into twelve subdivisions or 
qualifications in the mode of delivery.) 
8. On taking through necessity. 
Under the Id head, besides the gene- 
ral, matter and observations on the sta- 
tute, Mr. East considers, 
-1. As to the manner in which the of- 
fence must be committed. . 
2. As to the situation of the party 
robbed. 
3. The indictment and verdict. 
Under the IIId (robbery) these addi- 
tional heads occur. : 
1. How far the value is material. 
2. What shall be said to be a taking 
from the person. a 
