A Treatise on the Law of Larceny and Kindred Offenses Such as Adulteration, Blackmailing, Burglary, Conspiracy to Defraud, Embezzlement, Extortion, False Pretenses, Frauds and Cheats, Piracy, Receiving Stolen Goods, Robbery, and Trespasses Depriving of Property

Front Cover
Wait publishing Company, 1892 - Criminal law - 823 pages
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Contents

Attempts to commit larceny 11 Who is a principal offender
10
Who is an accessory or accomplice
11
CHAPTER II
13
Larceny by trick and device
14
Larceny from house or building
16
Larceny from the person
18
Larceny from the mail
19
CHAPTER III
21
Intent to hold for reward 23 Intent must exist at time of taking
25
Scope and extent of this rule 25 Its limits and exceptions
27
CHAPTER IV
28
How long the larceny is deemed to be in progress
30
CHAPTER V
31
Depositary
33
Hirer or borrower of a chattel 34 Carrier factor or other bailee for special purpose
34
Larceny by agent servant or clerk
36
Larceny by cotenant lessee cropper
39
Larceny by maker of note bond
40
Larceny by paramour of owners wife
41
CHAPTER VI
42
Railroad tickets 45 Things savoring of the realty derelict property
45
Animals
50
Larceny of ones own property
52
Larceny of property jointly owned
53
CHAPTER VII
54
Finder when guilty
55
Finder when not guilty 52 Time when intent to steal must be formed
56
Duty to search for owner
58
CHAPTER VIII
59
Distinction between larceny and embezzlement
61
Distinction between larceny and false pretenses
62
Distinction between larceny and robbery
64
CHAPTER IX
65
Stealing in one county and carrying into another
70
Committing larceny in a moving train 65 Affidavit complaint warrant
72
Search warrants
73
CHAPTER X
76
Naming the owner of the stolen property
77
Conclusion
78
CHARGING THE OFFENSE GENERALLY 70 Charging the taking
79
Charging the asportation 72 Negativing owners consent
80
Charging the offense in different ways
81
Following the language of the statute
82
CHAPTER XII
83
Money coin
86
Bank bills or notes
88
Name of bank need not be stated 81 Treasury notes and national currency
91
Horses mares geldings
93
Cattle hogs
94
Oysters and fish
96
Growing crops and vegetables
97
Ores and minerals 87 Inconsistent descriptions amendment aider by verdict
98
Miscellaneous cases
100
CHAPTER XIII
102
Ostensible or apparent owner
104
General and special owners
105
Goods and chattels of A 94 Property in hands of bailee
106
Property levied on by officer 96 Articles furnished by parent to child
107
Property of married women
108
Property of partners or other joint owners
110
Estrayed animals
111
Property in hands of tenant 101 Alleging ownership in an estate
112
Ownership of matter stolen from the mall 108 Property of corporations
113
Unknown owners
114
Amending the allegation
115
Averment of possession whence taken
116
CHAPTER XIV
117
Time
118
Place 109 Value necessity of the averment
119
Value sufficiency of the averment 111 Felonious intent necessity of the averment
122
Its sufficiency
123
Use of the word feloniously
124
CHAPTER XV
125
Charging larceny of several articles belonging to one owner
127
Charging larceny of articles belonging to different owners
129
Joinder of defendants
130
Election between counts
131
CHAPTER XVI
132
Larceny by bailee or after trust 122 Theft of animals
133
Bringing of stolen property into State or county 124 Second offenses
134
Attempts
136
CHAPTER XVII
137
Relevancy
139
Sufficiency generally
140
Hearsay
145
Documentary evidence
146
Accomplice testimony
148
CHAPTER XVIII
151
Place
153
Showing nonconsent of owner
154
Or false pretext inducing delivery
155
PROOF OF IDENTITY GENUINENESS AND VALUE 137 Defendants identity
156
Identity of stolen property
157
Genuineness
160
Necessity of proving value
161
When value will be inferred
162
How value may be proved
163
How far proof must correspond with allegation of value
164
CHAPTER XX
165
Showing constructive possession by owner
167
Showing alleged owners special property 148 Joint and separate ownership
168
Property held in trust 150 Property of married woman
169
Corporate property
170
Proving ownership by marks and brands
171
SHOWING GUILTY KNOWLEDGE OR INTENT 153 Necessity of such proof 154 Admissibility and sufficiency 155 Extrinsic facts as proof of int...
173
CHAPTER XXII
177
Former conviction
182
Miscellaneous cases
183
CHAPTER XXI
184
Alabama 164 Arkansas
187
California
188
Connecticut 167 Georgia
189
Illinois
190
Indiana
191
Iowa
192
Kansas 172 Kentucky
193
Louisiana 174 Maine 175 Massachusetts 176 Michigan
194
Minnesota
195
Mississippi
196
Missouri
197
Nebraska 181 Nevada 182 New Hampshire
198
New Jersey 184 New York 185 North Carolina
199
Pennsylvania 188 South Carolina 189 Tennessee
201
Texas
202
Utah
203
Vermont 193 Virginia 194 West Virginia 195 Wisconsin
204
CHAPTER XXIV
205
His financial condition before and after the occurrence
206
Flight
208
SHOWING LARCENY OF OTHER PROPERTY OR OTHER DISTINCT OFFENSE 199 When admissible generally
209
To show intent or develop the res gestae
211
Two offenses part of same transaction
212
Declarations of the accused 203 Declarations of husband or wife of accused 204 Declarations of codefendants accomplices or persons jointly charged
213
Declarations of owner of stolen property 206 Declarations of third persons
216
Admissions generally 208 Admissions by silence or failure to deny
217
Admissibility generally
218
Confessions by persons under arrest
219
What inducement will exclude a confession
221
What inducement will not exclude
222
Inducement by person not in authority 214 Confession after inducement removed 215 Entire confession must be introduced
223
Necessity of corroboration
224
Disclosure of facts and circumstances found to be true
225
Determining the question of competency
226
In general 228 Guilt of another
227
CHAPTER XXV
263
CHAPTER XXX
276
Instructions as to reasonable doubt
299
Instructions as to time and place
300
Instructions as to value 268 Necessity of written instructions
301
Necessity of prayer for instructions 270 What prayers should be granted generally
303
What may be properly refused
304
Requests to charge as to circumstantial evidence
305
Punishment of attempts 302 Punishment for horse or cattle stealing
331
Disposal of property on discharge of prisoner
332
CHAPTER XXXIII
334
General nature of the offense
335
Jurisdiction
336
What constitutes the offense
337
3l0 Relation between thief and receiver
339
The guilty intent
340
Who may commit
341
Affidavit or complaint 314 Venue of the offense
342
Indictment generally
343
Charging the intent
345
Describing the property 318 Naming the owner
347
Averment of value 320 Naming the thief
348
Joinder of counts election
349
Evidence for the prosecution generally
350
Showing previous conviction of thief
355
Admissions declarations and confessions
356
Possession of the stolen goods
357
Proof of previous similar acts
358
Matters of defense
359
Variance 329 Instructions to the jury
361
Verdict conviction 831 Sentence and punishment
366
PART I1 BURGLARY
366
WHAT AMOUNTS TO BURGLARY JURISDICTION 332 What constitutes burglary generally
367
What does
369
What premises may be burglarized
370
What is a breaking or entry
375
Constructive breaking
380
Day or nighttime
381
Breaking out after entry without breaking
382
The felonious intent
383
Who is a principal offender
384
Construction of statutes jurisdiction
385
CHAPTER XXXV
386
CHAPTER XXXVI
415
DECLARATIONS AND ADMISSIONS
420
Proof of intent
425
Proof of ownership or inhabitancy
426
Presumptive and circumstantial evidence
427
Showing another offense
434
Possession of burglars tools
436
Possession of stolen property
441
Evidence in defense generally
446
Consent when a defense
450
Variance
451
CHAPTER XXVII
454
CHAPTER XXXVIII
463
Verdict
464
Sentence
466
Punishment
468
WHAT CONSTITUTES JURISDICTION CONSTRUCTION
470
CHAPTER XL
486
CHAPTER XLI
502
Evidence for the prosecution generally
524
CONFESSIONS
527
CHAPTER XLIII
538
Punishment fine imprisonment
542
PART IV
544
CONSTITUENT ELEMENTS OF THE OFFENSE 398 Construction of statutes
545
What constitutes the offense generally
547
What does
551
How distinguished from larceny
554
What is a false token or pretense 403 Naked lie not sufficient
556
Must be calculated to deceive
558
How far must be relied upon 406 Effect of victims means of knowledge
560
Must relate to existing fact or past event
561
The property or signature obtained
564
Purpose of parting with property must be honest
565
CHAPTER XLV
566
False pretense in obtaining or transferring note
571
False pretense between debtor and creditor 414 False pretense to bailee or agent
575
CHAPTER XLVI
576
Venue
577
Affidavit for warrant
578
Setting out the pretense
583
Negativing the pretense
589
Averment that pretense was successful
591
Averment of intent or scienter
594
Description of the property
597
Averment of ownership
599
Averment of value 426 Joinder of counts
601
Instances of insufficient indictments
602
CHAPTER XLVIII
605
Proof of delivery of property 430 Proof of guilty knowledge
607
Proof of felonious intent
609
Proof of credit given
611
Sufficiency of evidence
612
Burden of proof
614
Defenses generally
615
Intention to restore property
618
Variance
620
CHAPTER XLIX
623
Questions for the jury
624
Verdict 441 Sentence
627
Punishment
628
PART V
630
CHAPTER L
631
What constitutes it generally
633
The necessary force
636
Putting in fear
638
Robbery by threats
639
The felonious intent
640
Removal or carrying away 451 All concerned equally guilty
641
Robbery of person in custody of the mail
642
CHAPTER LI
643
CHAPTER LII
652
Instructions to the jury
669
Verdict
674
Sentence and punishment
675
PART VI
676
CHAPTER LIV
677
Procedure under them
680
Imitation butter oleomargarine
683
CHAPTER LV
686
BLACKMAILING AND EXTORTION 481 Constitutionality and construction of statutes
689
Definitions 483 What acts are indictable generally
690
The corrupt intent 485 Threats to accuse of crime
692
Threatening letters
693
Taking excessive fees
696
Extortion by pension agents
697
Withholding pension money
702
Indictment or information
703
Evidence for the prosecution
709
Matters of defense
710
Variance 494 Instructions to the jury
711
Conviction and punishment
712
CHAPTER LVI
713
Who are coconspirators 500 Situs of the offense
717
Separate prosecutions for 502 What indictments are sufficient
718
Laying the venue 504 Necessity of alleging overt
723
What indictments are insufficient
724
Evidence to convict generally
726
Acts and declarations of coconspirators
729
Burden of proof 509 Matters of defense
733
Variance
734
Instructions to the jury 5l2 Verdict
735
Sentence and punishment 514 Judgment of restitution
736
FRAUDS AND CHEATS 515 In general 516 Frauds on the government generally 517 False claims against government 518 Violations of customs la...
737
CHAPTER LVIII
763
Privateering
764
Jurisdictional questions 533 Indictment procedure
765
Evidence guilty knowledge
766
CHAPTER LIX
767
Construction of statutes
770
Trespasses on oyster beds 538 Unlawful cutting of timber generally
771
Cutting timber on the public lands
773
Indictment
774
Evidence to convict 542 Variance
776
Matters of defense
777
Defenses
788
Variance
790

Common terms and phrases

Popular passages

Page 291 - In order to justify the inference of legal guilt from circumstantial evidence, the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis than that of his guilt.
Page 729 - In prosecutions for conspiracies, it is an established rule, that where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party in pursuance of...
Page 500 - Whoever, being a postmaster or other person employed in any department of the postal service, shall unlawfully detain, delay, or open any letter, postal card, package, bag, or mail intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the postal service...
Page 627 - A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied ; specifying the extent of the imprisonment, which cannot exceed one day for every one dollar of the fine.
Page 636 - Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
Page 207 - The flight of a person suspected of crime is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case.
Page 477 - Every one who voluntarily assumes a relation of personal confidence with another is deemed a trustee, within the meaning of this chapter, not only as to the person who reposes such confidence, but also as to all persons of whose affairs he thus acquires information which was given to such person in the like confidence, or over whose affairs he, by such confidence, obtains any control.
Page 642 - The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals...
Page 67 - Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.
Page 739 - ... bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to be false, fictitious or fraudulent, or to contain any false, fictitious or fraudulent statement or entry, obtain or attempt to obtain any allowance, refund, or payment for damage or otherwise...

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