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NeCede's

Maxim 1.5.69

Felony is implied in every treason.

Felonia implicatur in qualibet proditione.

Source: 3 Inst. 15; Jackson; Weisman, 26i Difficulty 3/5 — Intermediate

Explanation

Treason necessarily includes felony as a lesser offense — the greater crime comprehends the lesser.

Where this applies

  • Someone is charged with treason and also claims they cannot be charged with the underlying felony.
  • A person commits treason and argues the lesser crimes are separate.

Legal domains

inheritanceproperty

Cite this maxim

NeCede Max. 1.5.69 — Felony is implied in every treason. — 3 Inst. 15; Jackson; Weisman, 26i (Felonia implicatur in qualibet proditione.)

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