A Treatise on the Law of Crimes

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

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Contents

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 ir Crimes and Their ClassificationIn General
32
Power of the State Legislatures
33
Power of Congress
34
Power of Territorial Legislatures
35
Constitutional LimitationsIn General
36
Due Process of Law in General
37
Right to Follow Lawful Business or Occupation
38
Right to Make Contracts
39
Class Legislation
40
The Police Power in General
41
Regulations as to Food Products
42
Regulation of Places of Amusement
43
Ex Post Facto Laws
44
Indefiniteness of Statutes
45
Construction of StatutesIn General
46
Rules to Aid in Construction
47
Implied Repeal of Statutes
50
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
Repeal of Repealing
76
Ignorance of
82
In General
85
Wantonness
88
Children Over the Age of Fourteen
91
Motive
97
Effect of Being Engaged in Unlawful
107
In General
115
In General
119
Defense of Others
122
Capacity to Distinguish Between Right and Wrong
143
Insane Irresistible Impulse
149
Persons Incapable of Consenting
152
Periodical Insanity
155
Use of Morphine and Cocaine
158
RESPONSIBILITY OF CORPORATIONS
167
Innocent Human Agent
168
Several Persons Committing Offense
169
Definition
170
Guilty Principal in the First Degree
171
Presence when the Offense is Committed
172
Ratification of Anothers
173
WRONG OF PERSON INJURED
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
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
In General
192
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
Conspiracy to commit a Mere Private WrongIn General 143 Conspiracy to commit a Trespass 144 Conspiracy to Defraud
203
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
Combinations to Raise or Lower Prices CONSENT AS BETWEEN INDIVIDUALS 150 In General
209
Going Beyond the Consent
213
In General
220
CONTRIBUTORY ACTS OR NEGLIGENCE OF THIRD PERSONS
221
CHAPTER V
229
PRINCIPALS IN THE FIRST DEGREE
236
Definition
239
Responsibility of Principal or Master a Acts Directed or Authorized b Acts Impliedly Authorized Consent or Acquiescence c Unauthorized Acts
260
d Negligence of Principal or Master e Libel
264
f Nuisance
265
g Statute Dispensing with Authority or Knowledge h Presumption of Authority
266
Conditional Offer of Violence
278
Accident 204 Negligence 205 Unintentional Injury in Doing Unlawful
279
Ability to commit a Battery
280
Aggravated AssaultIn General 208 Specific Intent
283
Assault with a Deadly Weapon
285
Ability to commit Intended Crime 211 Lawful ForceJustification
286
SelfDefense
288
Resisting Unlawful Arrest
290
Defense of Property
291
Defense of Others
292
Effect of Consent in General 217 Fighting and Breaches of the Peace
293
Force and Want of Consent
294
Submission Through Fear 219 Persons Incapable of Consenting
295
Consent Induced by Fraud
296
MAYHEM 221 Definition
297
Nature of the Offense 223 IntentMalice
298
KIDNAPPING
302
HOMICIDE
309
An Asportation is Necessary
322
Malice Aforethought
325
Intent to Deprive the Owner of His Property
328
Intention to Inflict Great Bodily Harm
331
In General
334
Willful Omission to Perform a Legal Duty
338
Common
340
C Suicide
344
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
b Emission
421
C The Taking in Larceny
425
Real Property
427
Bribery
432
Must be Property and the Subject of Ownership
434
Value
441
Inanimate Agency
445
Conversion by Persons Having the Bare Custody
454
Consent of the Owner to Part with the Property
461
In General
482
Definition
491
Acts Committed by Means of an Innocent Agent
497
EMBEZZLEMENT
500
Possession at the Time of Conversion
506
Persons Who are within the Statutes
514
Definition
521
Statutes
524
Nondisclosure of Facts
530
The Intent
537
The Obtaining of the Property
543
The Subject of Robbery
549
RAPE
556
a In General
560
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
394 False Making of Instrument
600
The Entry
611
Commission of Intended Felony
618
IntentMalice
624
Affray
631
Unlawful Assembly
637
Disturbance of Public Assembly
644
Malicious Mischief
652
1 The Oath
662
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
Robbery
756
Receiving Stolen Goods
762
d Homicide by Administering Poison
771
Exclusive and Concurrent Jurisdiction
788
Definition
833
Mere Intention to Commit a Crime
849
2 Voluntary Manslaughter
856
Manner of Making Instrument
865
Distinguished from Murder
868
Finding and Appropriation of Lost Goods
879
Owling
888
Smuggling
895
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Page 144 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 503 - Whosoever, being a clerk or servant, or being employed for the purpose or in the capacity of a clerk or servant...
Page 347 - From a deliberate and premeditated design to effect the death of the person killed, or of another; or 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual ; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3.
Page 701 - England by any other than a subject of his majesty, or to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Page 61 - The intention of the legislature is to be collected from the words they employ. Where there is no ambiguity in the words, there is no room for construction.
Page 272 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another; as by striking at him with, or without, a weapon; or presenting a gun at him, at...
Page 47 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 502 - ... such offender shall be deemed to have feloniously stolen the same...
Page 195 - Without attempting to review and reconcile all the cases, we are of opinion, that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.
Page 346 - All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree...

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