A Treatise on the Law of Crimes, 1±Ç

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Keefe-Davidson law book Company, 1900

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Nuisances in General
47
Particular Crimes and Their Classifica tionIn General
48
Obscene and Profane Language
49
Offenses Against the Property of Indi viduals
52
Malicious Mischief
53
Offenses Against the Habitations of Indi viduals
54
Offenses Especially Affecting the Common wealth and the GovernmentIn General 24 Offenses Affecting the Administration of Justice
55
Offenses Affecting the Public Peace
56
Offenses Affecting the Public Trade
57
Offenses Affecting the Public Health and Comfort
58
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
Indefiniteness of Statutes
92
Construction of StatutesIn General
93
Rules to Aid in Construction
94
LARCENY
98
Involuntary Drunkenness
104
EXPIRATION AND REPEAL OF LAWS
111
Effect of Expiration or Repeal
117
What Attempts are Indictable
120
RESPONSIBILITY OF INFANTS
121
Necessity in Statutory Offenses
123
Ignorance of
129
Trespass and Forcible Entry and Detainer
131
Responsibility for Unintended Results
132
b Suicide c Misdemeanor Merely Mala Prohibita
134
Wantonness
138
Specific Criminal Intent
145
Combinations Among Workmen
148
Religious Belief
151
Consent Induced by Fraud
154
Mistake of Fact at Common
157
Offenses in Which the Distinctions
164
Effect of Being Engaged in Unlawful
167
Bigamy
174
Reasonable and Unavoidable ignorance
176
LOCALITY OF OFFENSES
179
JURISDICTION AND LOCALITY
181
Domestic Authority
182
Defense of Others
189
Compulsion and Command
195
Intention to Commit a Battery
200
Custom and Usage
201
Conditional Offer of Violence
202
Accident
203
Negligence
204
Unintentional Injury in Doing Unlawful
205
Ability to Commit a Battery
206
Aggravated AssaultIn General
207
In General
210
RESPONSIBILITY OF INSANE PERSONS
217
Insane Delusions
224
Moral and Emotional Insanity So Called
238
Use of Morphine and Cocaine
244
Homicide Cases
253
Intention to Kill
258
111
260
114
266
ENTRAPMENT
268
In General
273
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
289
Legal Impossibility to Commit Intended Crime
293
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
The Conspiring or Agreement
302
Definition and Classification
303
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
In General
321
Life
325
Fraudulent Intent Necessary
327
Incest
328
In General
330
Escape
334
Felony or Misdemeanor
336
In General
341
The Conversion or Embezzlement
348
CHAPTER V
350
Statutes
354
Prosecution and Punishment
356
Nondisclosure of Facts
358
Several Persons Committing Offense
364
Definition
370
Participation in the Offense
371
Force or Violence
374
Criminal Intent
377
Receiving Stolen Property
380
Acts for Which Accomplice is not Respon
383
Receiving Goods Obtained by Embezzle
386
Homicide or Assault in Order to Escape
389
In General
395
Fraudulent Intent
397
The Entry
405
Responsibility of Agent or Servant
407
Character of Premises
411
Battery
413
Prize Fighting
420
Specific Intent
426
Assault with a Deadly Weapon
429
Ability to Commit Intended Crime
431
Lawful ForceJustification
432
SelfDefense
435
Breaking Prison
436
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 5 ABDUCTION
456
Definition 231 Particular Statutes
458
Construction of the Statutes
460
Bawdy Houses
465
Definition
466
The Subject of Embezzlement
468
Riot
479
Causal ConnectionIn General
481
General Rule
486
Lapse of Time Between Injury and Death
490
Parties Concerned in Misdemeanors
496
Actual Intent to Kill
497
Embezzlement
502
Reckless and Wanton Acts
508
Homicide in the Commission of a Felony
514
In General
522
Effect of Custom
527
Murder in the Second Degree
529
The Provocation
537
Cooling of Blood
558
Misfeasance
570
F Justifiable and Excusable Homicide
582
Homicide to Prevent Misdemeanor or Tres
588
Killing Wifes Paramour
598
Vessels of a Nation as a Part of its Terri
602
Justifiable SelfDefense
615
Defense of Habitation
626
5 Defense of Others 288 In General
629
ABORTION 289 Definition 290 At Common
631
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
b Emission
644
Unlawfulness of IntercourseHusband and Wife
645
Persons upon Whom Rape may be Com mitted 302 Persons Incapable of Committing Rape a Boys under Fourteen
646
b Impotency
648
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221 ÆäÀÌÁö - ... 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.
526 ÆäÀÌÁö - 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.
95 ÆäÀÌÁö - 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.
74 ÆäÀÌÁö - 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,...
411 ÆäÀÌÁö - 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...
417 ÆäÀÌÁö - If it were not assize time, I would not take such language from you...
300 ÆäÀÌÁö - 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.
525 ÆäÀÌÁö - 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...
225 ÆäÀÌÁö - 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.
96 ÆäÀÌÁö - 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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