Report of the Penal Code of Massachusetts: Prepared Under a Resolve of the Legislature, Passed on the 10th of February, 1837

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Dutton and Wentworth, 1844 - Criminal law - 378 pages
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Contents

Ambassadors overt
8
cide
1
Unlawful oaths
13
Compounding for crimes
15
Preventing or suppressing evidence
16
Threats and intimidation
17
Other obstructions to the course of justice
18
Attempt
20
Embracery
21
Bribery of a public officer
22
Maintenancechamparty
23
Presumption
24
Common barratry
25
Contempt
26
Summary proceeding
27
Punishment on summary proceeding
28
DUEL CHALLENGE
CHAPTER X
SECTION SECTION
1
Wilfully deciding contrary to law
2
CHAPTER XIV
1
Definition of burglary 2 Who is an inmate 3 4 What is a breaking 5 What is a breaking of an apartment 6 What is a constructive breaking 7 What is ...
1
CHAPTER XVI
8
CHAPTER XXII
21
ROBBERY
23
SECTION SecTION 1 Robbery 15 Pretence of purchase 2 How the force or fear must be taken ad 16 17 Making compensation vantage of 18 Force ...
1
Injuries specified
2
Refusing to discharge duty
3
29
10
Larceny defined The subject must have value The subject must be moveable Part of the realty The subject must be a subject of property and possessi...
1
CHAPTER XVIII
5
Thing must be owned and possessed
9
Proprietary and possessory ownership
10
Custody
11
Constructive possession
12
Ownership as to larceny
13
90
18
EMBEZZLEMENT Section 1 Embezzlement defined 2 Embezzlement by an officer of a bank 3 Embezzlement by an officer of a corpora tion 4 Em...
1
Distinct act of taking not necessary
5
An alien enemy carrying on war within 19 Remaining in the enemy country this state 20 Accessary before the fact to treason
9
Levying war 21 The testimony of two witnesses requisite
10
An overt act is requisite to the levying of to convict of treason
11
Punishment
149
FORGERY
4
Section
8
The war must be levied for some general 23 Misprision of treason
12
purpose
13
Punishment CHAPTER XHX EXTORTION Section
7
169
1
Murder 12 Killing
2
Extortion by imputation of crime
1
Extortion by threat to expose or impute deformity or disgrace
2
Murder in the first degree 13 Compelling to do an act likely to cause
3
Murder in the second degree death
4
Suicide 14 Killing by exposure or neglect
5
Justifiable homicide 15 Procuring an idiot or lunatic to kill
6
Homicide by misadventure 16 Occasioning death by false testimony
7
Threat with intent to extort
8
Punishment CHAPTER XX
9
CONSPIRACY
1
OBSTRUCTING AND PERVERTING THE COURSE OF JUSTICE
1
Defined
1
CHAPTER XXXII
3
Section
10
Coin defined
1
Receiving part of a thing
2
Receiving proceeds
3
The receiver need not intend gain
4
Goods received by one of the joint thieves
5
Receiving goods taken in another state
6
Section
1
Punishments
7
Fraudulently detaining stolen goods
8
The owners assent to the possession
9
Receiving goods of jointowners
10
Receiving goods of the same owner at divers times
11
Punishment
12
CHAPTER XXIV
1
2 3 4 Rout
2
Riot
5
WAGRANTS DISORDERLY PERSONS
1
Violence 8 Intent
7
Extenuated homicide 17 Occasioning death by working on the
9
Lawfulness or unlawfulness of the object
10
Unlawful coming together is not essential 12 Aiding or promoting 13 Remaining after order to disperse 14 Presumption of notice of proclamation 15...
11
CHAPTER XXXV
What is an affray
1
An aggravated affray SECTION
2
Impending violence
3
Punishment
4
REWARDS TO PROSECUTORS
PROVISIONS RELATIVE TO PROSECUTIONS AND THE COMPETENCY OF
Section SECTION
1
CHAPTER XLVI
4

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Page 6 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, 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 in the second degree...
Page 12 - Provided always, and be it enacted, that no building, although within the are part of a house for same curtilage with the dwelling-house, and occupied therewith, shall be deemed to be part of such dwelling-house for the purpose of burglary...
Page 2 - The approved definition of a riot is "a tumultuous disturbance of the peace by three persons or more assembling together of their own authority with an intent mutually to assist one another against any one who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful".
Page 2 - ... if any person shall enter the dwelling-house of another with intent to commit felony, or being in such dwelling-house shall commit any felony, and shall in either case break out of the said dwelling-house in the night-time, such person shall be deemed guilty of burglary.
Page 4 - ... it shall be sufficient to allege in the indictment an intent to defraud, without naming therein the particular person or body corporate intended to be defrauded ; and on the trial of such indictment, it shall be sufficient, and shall not be deemed a variance, if there appear to be an intent to defraud the United States, or any state, county, city, town, or parish, or body corporate, or any public officer, in his official capacity, or any co-partnership or member thereof, or any particular person.
Page 8 - In case the charge, if true, will subject the party charged to an indictment for a crime involving moral turpitude, or subject him to an infamous punishment, then the words will be in themselves actionable...
Page 2 - A riot is where three or more actually do an unlawful act of violence, either with or without a common cause or quarrel ; as, if they beat a man or hunt and kill game in another's park, chase, warren, or liberty, or do any other unlawful act with force and violence, or even do a lawful act, as removing a nuisance, in a violent and tumultuous manner.

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