A Treatise on the Law of Crimes

Front Cover
Keefe-Davidson Company, 1905 - Criminal law - 906 pages
 

Contents

Definition
10
The English Common Law 12 The Common Law in the United States a Offenses Against the States
20
Offenses Against the Property of Individuals
21
Offenses Against the Habitations of Individuals
22
b Offenses Against the United States
23
c Offenses in the District of Columbia 13 How the Common Law is Evidenced and Determined
24
Offenses Affecting the Public Peace
25
Abolition of the Common
26
Offenses Affecting the Public Health and Comfort
27
Acts and Omissions Prohibited and Punished at Common Law In General
28
Frauds in General
29
Trespasses in General
30
Nuisances in General
31
Particular Crimes and Their ClassificationIn General
32
ASSAULTS AND ASSAULT AND BATTERY
34
Bribery
36
Power of the State Legislatures
41
Power of Congress 35 Power of Territorial Legislatures 36 Constitutional LimitationsIn General
45
Due Process of Law in General 38 Right to Follow Lawful Business or Occupation
47
Right to Make Contracts
49
Class Legislation
50
The Police Power in General
51
Regulations as to Food Products
52
Regulation of Places of Amusement
53
Ex Post Facto Laws
54
Indefiniteness of Statutes
59
Construction of StatutesIn General
60
Rules to Aid in Construction a Ordinary Meaning of Language b Strict Construction
61
c Reason and Purpose of Statute d Preamble and Title of
63
e Construction with Reference to the Common
64
f Change of the Common
65
g Prior Judicial Construction h Construction as a WholeGiving Effect to All Parts i Construction of Statutes Together
66
j Construction in Connection with the Constitution k Expression of One Thing an Exclusion of Others 1 Special Enumeration Followed by General ...
67
m Punctuation
68
Intention to Make Prohibited Act a Crime
69
Effect of Expiration or Repeal
75
Ignorance of
82
In General
85
Wantonness
88
Children Over the Age of Fourteen
91
Motive
97
Negligence
99
In General
100
Effect of Being Engaged in Unlawful
107
In General
115
In General
119
Defense of Others
122
Tests of Responsibility in General
142
Insane Irresistible Impulse
149
Persons Incapable of Consenting
152
Periodical Insanity
155
Voluntary Drunkenness
156
Homicide Cases
163
Misfeasance
170
Guilty Principal in the First Degree
171
Presence When the Offense is Committed
172
Constructive Presence
173
RECOVERY IN CIVIL ACTION
174
Criminal Intent
175
Definition
176
Guilty Principal in the First Degree
177
What Attempts are Indictable a In General
178
b Suicide c Misdemeanors Merely Mala Prohibita d Attempt to Commit an Attempt
179
The Intent
180
The Act in GeneralIntention and Attempt Distinguished 123 Preparation and Attempt Distinguished
181
The Commission of the Felony
182
Acts Going Beyond Mere Preparation
183
Mere Solicitation
184
Persons Occupying Particular Relations
185
Abandonment of Purpose 127 Adaptation of Means to Accomplishment of Purpose
186
Physical Impossibility to Commit Intended Crime
187
Acts for Which Accomplice is Responsible
188
Homicide or Assault in Order to Escape
189
Legal Impossibility to Commit Intended Crime
190
SOLICITATION TO COMMIT CRIME 130 In General 131 Solicitation to Commit a Felony
191
Solicitation to Commit a Misdemeanor
193
Solicitation not Indictable as an Attempt IV CRIMINAL CONSPIRACY 134 In General
194
Overt Act not Necessary
195
The Conspiring or Agreement
196
The Unlawful PurposeIn General
198
The Means to be Employed 139 Conspiracy to Commit CrimeIn General
199
Conspiracy to Pervert or Obstruct Justice
200
Conspiracy to do Immoral Acts
201
Conditional Offer of Violence
202
Conspiracy to Commit a Mere Private WrongIn General 143 Conspiracy to Commit a Trespass 144 Conspiracy to Defraud
203
Negligence
204
Conspiracy to Slander or Extort Money 146 Conspiracy to Injure Another in His Trade or Calling
205
Conspiracy to do Acts Prejudicial to the Public Generally
206
Combinations Among Workmen
207
Specific Intent
208
Combinations to Raise or Lower Prices V CONSENT AS BETWEEN INDIVIDUALS 150 In General
209
Ability to Commit Intended Crime
210
Lawful ForceJustification
211
Consent Induced by Fraud
220
Conduct Involving Consent
224
COUNTERMAND OR WITHDRAWAL
229
Prosecution and Punishment
233
Definition
239
In General
259
PRINCIPAL AND AGENT AND MASTER AND SERVANT 193 In General 194 Responsibility of Principal or Master a Acts Directed or Authorized
260
b Acts Impliedly AuthorizedConsent or Acquiescence
261
c Unauthorized Acts
262
MAYHEM 221 Definition
297
Nature of the Offense 223 IntentMalice
298
Definition
299
Construction of the Statutes
305
Manner of Causing Death
313
Malice Aforethought
326
Concurrence of Intent and Trespass and Asportation
332
Reckless and Wanton Acts
336
C Suicide
344
The Provocation
354
Cooling of Blood
366
Definition
368
Misfeasance
374
F Justifiable and Excusable Homicide
380
Homicide to Prevent Misdemeanor or Trespass
384
Killing Wifes Paramour
391
Acting on Appearances
398
Effect of the Accused Being the AggressorJustifiable Self
404
The Time of Breaking and Entry
406
5 Defense of Others
411
Persons upon Whom Rape may be Committed
422
G Compound Larcenies
425
Water and
432
Property Unlawfully Acquired or Possessed
438
Manner of Taking Possession
445
Obstructing Highways
452
Conversion by Persons Having the Bare Custody
454
Consent of the Owner to Part with the Property
461
Forestalling Regrating and Engrossing
480
Definition
491
Acts Committed by Means of an Innocent Agent
497
EMBEZZLEMENT
500
Receiving Stolen Goods
503
Possession at the Time of Conversion
506
Persons Who are Within the Statutes
514
Definition
521
in General
526
Expression of Opinion or Belief
533
Negligence of the Person Defrauded
542
ROBBERY
548
Putting in Fear
555
RAPE
556
Taking Need not be Against the Will of the Owner
558
In General
562
Character of the Property as Stolen Property
566
MALICIOUS MISCHIEF
572
Validity and Legal Efficacy of Instrument
585
Uttering Forged Instrument
591
The Subject of Forgery
592
Occupancy of Premises
600
The Entry
612
The Felonious Intent
614
Character of Premises
620
Statutory Burnings
626
Prize Fighting
636
d Breach of Peace and Terror to the People
642
Malicious Mischief
652
Embracery
670
Breaking Prison
676
Disobedience to Lawful Orders
682
Disorderly Conduct
688
Pollution of Waters and Watercourses
693
OFFENSES AGAINST MORALITY AND DECENCY
699
Sodomy
706
Bawdy Houses
713
Obscene and Profane Language
719
Piracy
727
Rivers and Lakes
733
Jurisdiction over Subjects or Citizens Abroad
743
Homicide
765
Abortion
771
Exclusive and Concurrent Jurisdiction
788
Definition
833
Mere Intention to Commit a Crime
849
Definition
858
False Making of Instrument
861
Distinguished from Murder
868
Definition
869
Finding and Appropriation of Lost Goods
879
e Ownership of the Property
880
Owling
888
PRINCIPALS IN THE FIRST DEGREE
892
Smuggling
895
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