Defences to Crime: Disabilities of parties; agency; duress; accident, ignorance and mistake; consent; omissions and attempts (Google eBook)

Front Cover
Sumner Whitney, 1885 - Actions and defenses
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Contents

Receiving Stolen Property Coercion of Wife Screening Husband
31
Forcible Entry and Detainer No Fine can be Imposed on Wife State v
44
Larceny by Wife Third Person Assisting State v Banks 48 Ind 197
51
Marital Coercion in the Federal CourtsEvidence of Marriage United
62
Husbaud and Wife Assault and Battery Coercion Commonwealth v
70
Cheating
73
Misdemeanor Coercion Presumed in Cases ofUttering Counterfeit
77
NOTES
83
Husband may Watch Wife Eavesdropping
85
Husband and Wife Conspiracy
86
State 14 Ohio 222 p 179
87
Nor Embezzlement of Husbands Property
89
Third Person Assisting Wife to Remove Hasbands Goods Adulterer
90
Married Woman not an Inhabitant or Member of the State
94
Husband Burning Wifes House Not punishable for Arson
100
31a Trespass Cutting and Destroying Timber
102
Wifes Liability for Crimes Arguments and Remarks in B v Cruise
103
Presumption of Coercion To what Crimes Applicable
107
In the Federal Courts
108
Coercion of Wife Assault and Battery
109
Larceny
110
Wife Assisting Husband to Perform Abortion on Third Person
114
Uttering Counterfeit Coin
115
In Presence of Husband Extended Construction of this Phrase
116
HUSBAND AND WlFE 20118
118
CHAPTER 1TI Infancy Infant under Seven can not be Guilty of Felony Action for False
119
Infancy Between Seven and Fourteen Incapacity Presumed State v
121
Infant under Twelve Illinois Statute Proof of Capacity Angelo v
123
Infancy Child of Twelve Murder Texas Statute Wusnigv StateZ3
126
Infant of Eleven Years MurderConfession of Infant State v Aaron 1
133
Responsibility of Infants for CrimeFalse Swearing Willetv Com 13
139
InfantCan not Commit Rape or Assault with Intent State v Sam
145
Assault Parent and Child Person In Loco Parentis Corporal Punish
158
111 209 123
169
Infant Under Twentyone
184
Infancy 119189
189
Principal and Agent
190
Principal and Agent Master and Servant Officers and Soldiers Negli
197
Liability of PrincipalAgents Authority must be Express not Implied
205
Nonliability of Principal Illegal Act of Clerk State v Dawson 2 Bay
212
Wlllmett B t 3 Cox 283 pp 280 543 546 592 621
219
Master and Servant Illegal Act of Master Negligence of Servant
224
State 13 Ind 375 p 584 pp 483 585
232
Principal and AgentResponsibility of One for Acts of Others with
234
Rape
239
Principal and Agent False Pretenses Letter Written by Solicitor Mak
242
Principal and Agent Military Officers Orders from Superior Officer
251
Master and ServantPrivate Soldier Bound to Obey Orders of Superior
257
Watchman in Jail not Liable for Negligent Escape of Prisoner State v
264
Woods Commonwealth v 7 Bos L B 58 p 86
269
Illegal Act of Master Negligence of Servant
281
Principal and Agent 190288
288
CHAPTER V
289
ConsentRapeUtmost Resistance and Reluctance Required Whit
298
Wren r Commonwealth 26 Gratt 952 p 845
301
Consent Indecent Assault B v Wollaston 26 L T n s 403
307
Rape Consent Fraudulent Personation of Husband Lewis v State 30
319
ConsentRape Insane Woman B v Connolly 26 U C Q B 317 880
336
Consent as a Defence Abortion State v Cooper 22 N J L 62
343
ConsentBribery OBrien v State 6 Tex App 665 851
351
Consent Decoying into Commission of CrimeBurglary Speidenx
357
Decoys Larceny Consent of Owner Williams v State 55 Ga 391
363
State 4 Humph 198 p
374
Consent 289407
407
Accident Willful Burning Pipe v State 3 Tex App 66
409
AccidentNegligence Snooting at Escaping Prisoner State v Obershaw
415
Combination RiotLiability for Act of AnotherAccident Evidence
433
AccidentMistake of Physician Cansing Death Commonwealth v Thomp
439
CHAPTER VII
465
MistakePerson Voting When not Entitled to Ignorance of Fact
472
Mistake of Right Malicious Trespass Lossen v State 62 Ind 437
481
MistakeBona fide Claim of Right Criminal Trespass State v Cros
483
Ignorance of Law Taking Illegal Fee by Justice Cutter v State 36
490
PostOffice Laws Willful Stopping of United States Mail Mistake
548
Eight to Vote Distinction between Ignorance of Law and Fact
565
EmbezzlementBelief of Eight
566
Larceny Mistake of Law
568
Ignorance and Mistake of Law and Fact 465633
574
Maliciously Injuring Property Claim of Eight 676
576
Obstructing Working of Mine Mistake
577
Perjury Mistake of Law 579
579
Returning Property for Taxation Mistake 680
580
Setting Fire to Property Mistake of Eight
581
Trespass Belief of Eight to Property 681
585
Officers Mistake of Law by Magistrate
586
Beceiviug Illegal Vote 692
592
Acts done Ignorantly or Mistaklngly not Indictable 692
597
Assault 698
598
Bawdy House Leasing Premises for
601
Conspiracy Placing Person in Asylum Bona fide Belief
602
Cruelty to Animals
604
Exposing the Person
605
False Pretenses
609
Incest
613
Lewdness
614
Malicious Mischief
616
Larceny
618
Obstructing Officer or Resisting
619
Perjury
620
Postoffice laws Obstructing the Mall
621
Postoffice Laws Failure to Deliver Letter 622
624
CHAPTER VIII
627
Selling Adulterated Food
629
Selling Mortgaged Property
630
Sunday Laws
631
Trespass Levying on Wrong Property
632
Writing on Stamped Paper
633
Duress 634639
634
Duress Mob Compelling Prisoner to Commit Crime R v Crutchley 5
635
P
636
S26 Plea of Guilty Extorted by Duress 687
637
CHAPTER IX
640
Attempt Preparations to Commit Crime not Indictable People v Mur ray 14 Cal 159
642
Preparations Attempt Going to a Place to Commit Crime Toes v
643
Attempt to Murder Delivering Poison to Third Person Stabler v Com
651
AttemptConspiracy to Commit Adultery Shannon v Commonwealth 14
672
Attempt Solicitations do not Amount to Intent Without Overt Act
678
Attempt Renting House of IllFame Brockway v People 2 Hill 659
688
Attempt to Commit Felony Burglary Impossibility by Act of Third
699
Attempt to Commit Burglary Crime not Complete B v McCann 28
713
Suicide Attempt to Commit not Attempt to Commit Murder B v
722
Yarrell State v 12 Ired 130 p 845
727
Possession of Forged Bills 7
732
Assault 7
734
Loaded Arms
735
29 Abortion Woman not Pregnant 250 Administering Noxious Thing 251 Burglary No Goods in House
737
Larceny Nothing in Pocket 253 Mailing Obscene Literature
738
253a Throwing Stone at Car No Oue Therein 254 Personating Voter Party Not in Existence 255 Interruption Before Completion of Act 256 Betting ...
740
Attempt to Commit Arson 261a Attempt to Commit Assault With Intent to Rape
742
Embracery 263 Forgery
743
Larceny 265 Statutory Misdemeanor 266 Suicide
744
266a Attempt to Suborn Perjury 2G7 Crime Actually Committed
745
Assault with Intent to Commit Murder 269 Purchaser of Liquor 270 Mistake
746
Attempts 640748
748
CHAPTER X
751
Omission Neglect to Provide Medical Assistance for Daughter It Shepherd 9 Cox 123
756
Omission to Disclose TruthFalse Pretenses People v Baker 96 N
760
Omission Standing by When Crime is Attempted by Others People v
778
Young B v p 340
780
Omission ManslaughterPrize Fight Stakeholder S v Taylor 13
787
Omission to Prevent Crime Permitting Bawdy House in Leased Premises
818
Omission Keeping Bawdy House B v Stannard 9 Cox 405
824
Omission Landlord Permitting House to be used lor Selling
831
NOTES
837
Omissions 749850
850

Common terms and phrases

Popular passages

Page 539 - Is any sick among you ? let him call for the elders of the church ; and let them pray over him, anointing him with oil in the name of the Lord : and the prayer of faith shall save the sick, and the Lord shall raise him up ; and if he have committed sins, they shall be forgiven him.
Page 259 - I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and articles of war.
Page 229 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Page 711 - ... shall not be conveyed in the mails or delivered from any post office or by any letter carrier.
Page 150 - AG, obtained a rule nisi to set aside the verdict, and enter a verdict for the defendant, or for a new trial, on the four following grounds, viz.
Page 612 - ... shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And, if any person or persons shall by force set at liberty, or rescue the fugitive from such agent while transporting as aforesaid, the person or persons so offending, shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year.
Page 753 - Every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise.
Page 541 - Riel, against the form of the Statute in such case made and provided and against the peace of our said Lady the Queen, her Crown and dignity.
Page 401 - To determine whether a given case falls within the one class or the other, we must inquire whose is the work being performed, a question which is usually answered by ascertaining who has the power to control and direct the servants in the performance of their work.
Page 240 - This rule excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference, as to the principal fact or matter in dispute...

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