TREASON. The offense of attempting by overt acts to overthrow the government of the state to which the offender owes allegiance; or of betraying the state into the hands of a foreign power. Webster.
"Treason" consists of two elements: Adherence to the enemy, and rendering him aid and comfort. Cramer v. U. S., U.S.N.Y., 65 S.Ct. 918, 932, 325 U.S. 1, 89 L.Ed. 1441. In England, treason is an offense particularly directed
against the person of the sovereign, and consists (1) in
compassing or imagining the death of the king or queen,
or their eldest son and heir; (2) in violating the king's
companion, or the king's eldest daughter unmarried, or the
wife of the king's eldest son and heir; (3) in levying war
against the king in his realm; (4) in adhering to the king's
enemies in his realm, giving to them aid and comfort in
the realm or elsewhere, and (5) slaying the chancellor,
treasurer, or the king's justices of the one bench or the
other, justices in eyre, or justices of assize, and all other
justices assigned to hear and determine, being in their
places doing their offices. 4 Steph.Comm. 185-193; 4 Bl.
Comm. 76-84.
Treason against the United States shall consist only in
levying war against them, or in adhering to their enemies,
giving them aid and comfort. U.S.Const. art. 3, § 3, cl. 1.
See Young v. U. S., 97 U.S. 62, 24 L.Ed. 992; U. S. v.
Bollman, 1 Cranch, C.C. 373, Fed.Cas.No.14,622; U. S. v.
Pryor, 3 Wash.C.C. 234, Fed.Cas.No.16,096.
MISPRISION OF TREASON. The bare knowledge and concealment of an act of treason or treasonable plot, that is, without any assent or participation therein, for if the latter elements be present the party becomes a principal. 4 Bl.Comm.
120; Pen.Code Cal. '§ 38.
Source: Black's Law Dictionary, 4th Edition
