A Treatise on the Law of Crimes, Volume 1

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Contents

Offenses Against the Habitations of Indi viduals
22
Offenses Especially Affecting the Common wealth and the GovernmentIn General
23
Offenses Affecting the Administration of Justice
24
CHAPTER II
25
Offenses Affecting the Public Trade
26
Offenses in Which the Distinctions
31
How the Common Law is Evidenced
35
Acts and Omissions Prohibited and Pun
41
OFFENSES OTHER THAN AGAINST THE PER
42
In General
48
OFFENSES AGAINST THE PROPERTY OF
52
Malicious Mischief
53
Offenses Affecting the Public Health and Comfort
55
OFFENSES AFFECTING THE PUBLIC PEACE
56
Disorderly Houses
57
Offenses Affecting the Public Morals or Sense of Decency
59
Offenses Affecting the Administration of the Government 30 Offenses Against God and Religion
61
Offenses Against the Law of Nations
62
THE STATUTE LAW 32 In General
63
Power of the State Legislatures
66
Power of Congress
69
Power of the Territorial Legislatures 36 Constitutional LimitationsIn General
70
Due Process of Law in General 38 Right to Follow Lawful Business or Oc cupation
73
Right to Make Contracts
76
Class Legislation
77
The Police Power in General
79
Regulations as to Food Products
80
Regulation of Places of Amusement
83
Ex Post Facto Laws
84
Children under the Age of Seven
89
Indefiniteness of Statutes
92
Construction of StatutesIn General
93
Rules to Aid in Construction
94
Capacity to Distinguish Between Right
95
LARCENY
98
f Change of the Common
101
Conversion by Persons Having Lawful Pos
103
Involuntary Drunkenness
104
Intention to Make Prohibited Act a Crime
107
Construction of the Statutes
112
Implied Repeal of the Common
115
What Attempts are Indictable
120
CHAPTER III
121
b Intention to Commit a Crime
132
Wrong
134
JUSTIFICATION
135
Malice
138
Specific Criminal Intent
145
tent
148
Fraudulent Intent
149
Going Beyond the Consent
151
IGNORANCE OR MISTAKE OF FACT
156
Knowledge
158
Necessity at Common
159
Effect of Being Engaged in Unlawful
167
155
174
Ignorance of
175
Domestic Authority
179
Defense of Others
189
Trespass and Forcible Entry and Detainer
190
Compulsion and Command
195
Intention to Commit a Battery
200
Custom and Usage
201
Conditional Offer of Violence
202
Accident
203
and the
228
Insane Irresistible Impulse
238
Absence of Actual Intent to KillIn Gen
242
Drunkenness
243
Use of Morphine and Cocaine
244
b Knowledge
253
c Agents
260
The Conversion or Embezzlement
266
OFFENSES AGAINST THE HABITATION
268
CHEATS AND FALSE PRETENSES
275
d Attempt to Commit an Attempt
276
The Intent
277
Excusable SelfDefense
278
The Act in GeneralIntention and Attempt Distinguished
279
Preparation and Attempt Distinguished
280
Duty to RetreatExcusable SelfDefense
281
Effect of the Accused being the Aggressor Justifiable SelfDefense
282
Acts Going Beyond Mere Preparation
283
Mere Solicitation
284
Killing Innocent Person to Save Ones
285
Abandonment of Purpose
287
Adaptation of Means to Accomplishment of Purpose
288
Physical Impossibility to commit Intended Crime 129 Legal Impossibility to Commit Intended Crime
289
SOLICITATION TO COMMIT CRIME 130 In General 131 Solicitation to Commit a Felony
295
Solicitation to Commit a Misdemeanor
297
Solicitation not Indictable as an Attempt
299
CRIMINAL CONSPIRACY 134 In General
300
Overt Act not Necessary
301
Conspiracy to Defraud
314
Conspiracy to Slander or Extort Money
316
Conspiracy to Injure Another in His Trade or Calling
317
Conspiracy to Do Acts Prejudicial to the Public Generally
318
Incest
328
Lucri Causa
330
Property
332
Escape
335
CONTRIBUTORY ACTS OR NEGLIGENCE
339
Definition
341
Instigation
346
Definition
350
d Homicide
354
PRINCIPALS IN THE FIRST DEGREE
361
a Knowledge that the Representation is False
363
Participation in the Offense
371
Criminal Intent
377
Character of the Property as Stolen Prop
382
Acts for Which Accomplice is not Respon
383
In General
388
Homicide or Assault in Order to Escape
389
f Foreign and Interstate Commerce
393
c Taking in a Way not within
394
In General
395
Definition and Elements of Offense
400
or Knowledge
405
A The Homicide
409
The Act Constituting an Assault
411
Prize Fighting
420
Negligence 205 Unintentional Injury in Doing Unlawful
421
Ability to commit a Battery
423
Statutes
425
Aggravated AssaultIn General 208 Specific Intent
426
Assault with a Deadly Weapon
429
Ability to Commit Intended Crime
431
Lawful ForceJustification
432
Life
435
Breaking Prison
436
SelfDefense
437
Resisting Unlawful Arrest 214 Defense of Property
438
Defense of Others
441
Effect of Consent in General
442
Fighting and Breaches of the Peace
443
Submission Through Fear 219 Persons Incapable of Consenting
445
Consent Induced by Fraud
447
Nuisances Affecting the Public Comfort
448
MAYHEM 221 Definition 222 Nature of the Offense
449
IntentMalice
450
FALSE IMPRISONMENT 224 Definition 225 The Detention
451
Unlawfulness of Detention
453
IntentMalice
455
KIDNAPPING 228 Definition 229 Nature of the Offense
456
Definition 231 Particular Statutes
458
Sodomy
461
The Subject of a Homicide
467
Owling
475
CHAPTER V
479
c Manslaughter
480
Causal ConnectionIn General
481
Lapse of Time Between Injury and Death
490
Parties Concerned in Misdemeanors
496
or Great Bodily Harm
499
Reckless and Wanton Acts
508
b The Proceedings in Which Perjury
513
PARTIES IN CRIMES
514
In General
522
Murder in the Second Degree
529
Malice Aforethought
533
General Rule
551
In General
558
c Intent may be Inferred from Circum
561
Another
563
ABORTION
567
Misfeasance
570
Nonfeasance
575
e There must be a Duty to
579
Definition
582
Homicide to Prevent Misdemeanor or Tres
588
Mere Intention to Commit a Crime
589
Killing Wifes Paramour
598
Justifiable SelfDefense
615
c Joint Tenants and Tenants in Com
618
Statutory Charges
634
Justification and Excuse
635
RAPE 293 Definition 294 Force and Want of Consent
636
Women non Compos Mentis Insensible or Asleep
639
Consent Induced by Intimidation
640
Consent Induced by Fraud
641
Carnal Knowledge of Children
642
The Carnal Knowledge a Penetration
643
Unlawfulness of IntercourseHusband and Wife
645
Persons upon Whom Rape may be Com mitted 302 Persons Incapable of Committing Rape a Boys under Fourteen b Impotency
646
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Popular passages

Page 221 - ... 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 526 - 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 95 - 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 74 - 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 411 - 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 417 - If it were not assize time, I would not take such language from you...
Page 300 - Without attempting to review and reconcile all the cases, we are of opinion that as a general description, though perhaps not a precise or 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 525 - 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...
Page 225 - If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment.
Page 96 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the Court, which is to define a crime and ordain its punishment.

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