§3. Crimes punishable by death, are called _capital_ crimes, and their punishment is called _capital_ punishment. The word capital is from the Latin _caput_, which means head; and so has come to signify the highest or principal. Hence, probably, the application of the word capital to the principal crimes receiving the highest punishment, which was formerly practiced extensively in other countries by beheading or _decapitating_ the criminals. §4. _Treason_ is defined by statute to be, levying war in any state against the people of the state; or a combination of two or more persons, attempting by force to usurp or overturn the government of the state; or in adhering to enemies of the state while separately engaged in war with a foreign enemy, and giving them aid and comfort. §5. _Murder_ is the killing of a person deliberately and maliciously, and with intent to effect death; or killing a person in committing some other crime, though not with a design to effect death; or in killing a person purposely and without previous deliberation. The less aggravated cases of murder, are in some states distinguished as murder in the second degree, and punished by imprisonment for a long term, or for life. §6. _Manslaughter_ is killing a person either upon a sudden quarrel, or unintentionally while committing some unlawful act. The statutes of New York define four different degrees of manslaughter. §7. _Arson_ is maliciously burning any dwelling-house, shop, barn, or any other building, the property of another. Arson in the first degree, which is burning an inhabited dwelling _in the night time_, is in some states punishable with death. §8. _Homicide_ signifies mankilling. It is of three kinds: felonious, justifiable, and excusable. When felonious, it is either murder or manslaughter. _Justifiable_ homicide is that which is committed in the necessary defense of one's person, house, or goods, or of the person of another when in danger of injury; or that which is committed in lawfully attempting to take a person for felony committed, or to suppress a riot, or to keep the peace. _Excusable_ homicide is the killing of a person by accident, or while lawfully employed, without any design to do wrong. In the two last cases there is no punishment. §9. Intentionally _maiming_ another by cutting out or disabling the tongue or any other member or limb; inveigling or _kidnapping_; _decoying_ and taking away children; _exposing children_ in the street to abandon them; committing or attempting an assault with _intent to kill_, or to commit any other felony, or in resisting the execution of a legal process; _administering poison_ without producing death; _poisoning any well_ or spring of water; are all felonies, and punishable as such.