A Treatise on the Law of Crimes

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

Offenses Especially Affecting the Commonwealth and the Gov ernmentIn General 24 Offenses Affecting the Administration of Justice 25 Offenses A...
36
Offenses Affecting the Public Trade 27 Offenses Affecting the Public Health and Comfort
38
Offenses Affecting the Public Morals or Sense of Decency
39
Offenses Affecting the Administration of the Government 30 Offenses Against God and Religion 31 Offenses Against the Law of Nations
40
The Statute Law 32 In Gen eral 33 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 1 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
Implied Repeal of Statutes
71
CHAPTER III
77
Responsibility for Unintended Results
84
Specific Criminal Intent
92
Repentance and Change of Intent
98
Icnorance on Mistake of Fact
100
Effect of Being Engaged in Unlawful
107
Reasonable and Unavoidable Ignorance of
114
In General
119
Defense of Others
122
Compulsion or Command
126
In General
132
Children Over the Age of Fourteen
140
Insane Delusion
146
Persons Incapable of Consenting
152
Moral and Emotional Insanity So Called
154
Voluntary Drunkenness a In General
156
b Does not Aggravate Offense 102 Use of Morphine and Cocaine 103 Drunkenness of Insane Person
158
Involuntary Drunkenness
159
Settled Insanity or Delirium Tremens
160
Drunkenness Negativing Commission of the Act 107 Drunkenness Negativing Specific Intent or Knowledge a Specific Intent
161
b Knowledge c Degree of Drunkenness 108 Homicide Cases a Murder at Common
163
b Statutory Degrees of Murder 1 First Degree 2 Second Degree
164
3 Intent Conceived before Becoming Drunk
165
c Manslaughter
166
Responsibility of Cobpobations 109 In General 110 Nonfeasance
167
Misfeasance
168
Offenses Involving Personal Violence or Evil Intent
170
Municipal Corporations
171
Concurrence of Act and Intent
172
Constructive Presence
173
Wrong of Person Injured
174
Definition
176
Guilty Principal in the First Degree
177
What Attempts are IndictaDie 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
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
Legal Impossibility to Commit Intended Crime
190
In General
191
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
14S Combinations Among Workmen
207
Combinations to Raise or Lower Prices
209
In General
220
Definition
224
Instigation
226
Solicitation to Commit Chime
227
Accessaries after the Fact
229
Prosecution and Punishment
233
Definition
236
130
237
Definition
239
The Commission of the Felony 183 Knowledge of Commission of the Felony 184 The Relief or Assistance
248
Persons Occupying Particular Relations
250
In General 187 Acts for Which Accomplice is not Responsible
251
Acts for Which Accomplice is Responsible
253
Homicide or Assault in Order to Escape
255
Acts not Criminal on the Part of the Person Committing Them
256
In General VIII Countermand ob Withdrawal 192 In General
257
Principal and Agent and Master and Servant T93 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
131
263
d Negligence of Principal or Master e Libel
264
f Nuisance
265
g Statute Dispensing with Authority or Knowledge h Presumption of Authority
266
i Ratification of Unauthorized
267
133
268
Partners
270
In General
271
The Act Constituting an Assault 199 Battery
272
Intention to Commit a Battery
276
Apparent Intention
277
Conditional Offer of Violence
278
Accident 204 Negligence 205 Unintentional Injury in Doing Unlawful
279
Ability to Commit a Battery
280
Force and Want of Consent
294
Submission Through Fear 219 Persons Incapable of Consenting
295
Consent Induced by Fraud CHAPTER VI
296
Mayhem 221
297
Definition Nature of the Offense IntentMalice
298
The Detention
299
Construction of the Statutes
305
d Alien Enemies
312
Causal ConnectionIn General
318
An Asportation Is Necessary
322
Lapse of Time Between Injury and Death
324
Malice Aforethought
326
Reckless and Wanton Acts
336
Common
340
In General
344
Statutes
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
5 Defense of Others
411
Carnal Knowledge of Children
420
C The Taking In Larceny
425
Real Property
427
Must be Property and the Subject of Ownership
434
Ownership and Possession of the Property
441
Inanimate Agency
445
Manner of Taking Possession
447
Conversion by Persons Having the Bare Custody
454
Consent of the Owner to Part with the Property
461
Finding and Appropriation of Lost Goods
469
Fraudulent Intent Necessary
481
In General
482
Taking by General from Special Owner
487
Larceny from Particular Places
495
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
The Intent
521
In General
528
Falsity of Pretense
534
Negligence of the Person Defrauded
542
CHAPTER IV
545
Robbery
548
Definition
560
Receiving and Concealing Pkoperty Stolen Embezzled
561
In General
562
Knowledge that the Property was Stolen
568
Malice
575
Validity and Legal Efficacy of Instrument
585
Uttering Forged Instrument
591
Occupancy of Premises
601
The Entry
612
The Time of Breaking and Entry
613
Definition and Elements
619
Statutory Burnings
626
Prize Fighting
635
Disturbance of Public Assembly
644
Malicious Mischief
652
Bribery
666
Escape
675
Maintenance and Champerty
681
Nuisances Affecting the Public ComfortIn General
687
Obstructing Highways
692
Failure to Repair Highways 454 Obstructing Navigable Waters 455 Pollution of Waters and Watercourses 456 Justification and Excuse a Public Nece...
693
b Legislative Authority
694
c Benefit to the Community d Acquiescence by the Public
695
Offenses Against God and Religion 457 In General V Offenses Against Morality and Decency 458 In General
697
Bigamy a In General
700
b The Bigamous Marriage
701
c Cohabitation d The Prior Marriage
702
e Divorce or Annulment of Prior Marriage f The Criminal Intent
703
g Death or Absence of Former Spouse 460 Incest
704
Sodomy
706
Fornication and Adultery
707
Definition
708
Illicit Cohabitation
709
Seduction
710
Bawdy Houses
713
Gaming and Gaming Houses
715
Obscene Libels 468 Obscene Indecent or Disgusting Exhibitions
717
Indecent Exposure
718
Obscene and Profane Language 471 Blasphemy
719
Drunkenness
720
Solicitation to Commit a Felony Solicitation to Commit a Misdemeanor Solicitation not Indictable as an Attempt IV Criminal conspiracy
725
Piracy
727
4S9 Rivers and Lakes
733
150
735
Jurisdiction over Subjects or Citizens Abroad
743
151
747
In General
751
Robbery
756
Receiving Stolen Goods
762
Abortion
771
Exclusive and Concurrent Jurisdiction
788
Offenses with Respect to Dead Bodies
842
Going Beyond the Consent
846
Mere Intention to Commit a Crime 118 Act Intended as but not Constituting a Crime
849
Definition
858
Manner of Making Instrument
865
Distinguished from Murder
868
In General
879
Owling
888
Smuggling 477 Fraudulent Bankruptcy 478 Usury 479 Cheating
895
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