Also known as: felonia · felony · felonious intent · capital crime
Written by attorneys · grounded in primary & secondary sources — see below
A Latin maxim declaring that felony by force of the term itself means any capital crime perpetrated with a felonious intent.
Select any source to read its text and confirm it supports the definition.
Felicia Fuentes hid inside a neighbor's home during the day with intent to steal valuables. After dark she forced open an interior door to reach the bedroom where the items were kept. Because the forced opening allowed her to enter the sleeping area the act satisfied the breaking element of burglary.
Freya Freeman fled to another state after committing a capital theft with felonious intent. The governor of the state where the crime occurred demanded her return under the constitutional provision for persons charged with felony. The receiving state was required to deliver her for prosecution.
Fumiko Fujimoto was seventeen when she committed a capital murder with felonious intent. After conviction the state sought the death penalty. The constitutional rule categorically barred execution because the offender was under eighteen at the time of the felony.
Felipe Figueroa used a pole to reach through a broken window and unlock the latch of a dwelling he intended to burglarize at night. The insertion of the tool for the purpose of committing the felony inside counted as an entry.
Fatou Fall broke into a home at night intending only to sleep. Once inside she decided to steal jewelry. Because the intent to commit the felony arose after entry the conduct did not meet the requirement for burglary.
Fatima Flores solicited another to commit arson and the principal offense was later completed. Under the merger doctrine the preliminary solicitation was treated as merged into the completed felony rather than remaining a separate misdemeanor.
The maxim requires that the crime be capital in nature and committed with a felonious mind at the time of the act.
Supporting sources
The maxim supplies the felonious intent requirement that must exist at the moment of entry into the dwelling.
Supporting sources
The maxim treats the completed principal offense as the felony into which the inchoate conduct merges.
Supporting sources
…criminal abortion statute, Lord Ellenborough's Act, 43 Geo. 3, c. 58, came in 1803. It made abortion of a quick fetus, § 1, a capital crime, but in § 2 it provided lesser penalties for the felony of abortion before quickening, and thus preserved the "quickening" distinction. This contrast was continued in the general revision…