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Cree publishing Company, 1908
 

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Misdemeanor Defined 13 Elements of a Crime
18
Good Faith and Belief 15 Act Done in Sport no Defense
19
Committing a Different Offense 17 Principal and Accessory
20
4
21
When not an Accessory 66 19 Common Law Modified 20 Indictment Trial and Verdict
22
126
23
CHAPTER II
25
Assault and Battery Defined
26
What is not Assault and Battery 25 Assault with Deadly Weapons
27
Assault to Commit a Felony
28
Murder Defined
29
Malice Aforethought an Element
31
The Means or Mode of Killing
33
Killing an Innocent Person 31 Wound Neglected Death Resulting
34
Manslaughter Defined
35
Provocation Causing Passion
36
Death Resulting from Negligence
37
Killing in Making an Assault
38
Self Defense and Defense of Others 38 Duty to Retreat When
41
Death from Accident Suicide
42
EvidenceBurden of Proof
43
Evidence of Dying Declarations
44
Competency of Dying Declarations 43 Oral and written Declarations
45
Impeachment of Dying Declarations
46
Definition and Elements
47
Intent of Purpose Essential 47 Prostitution Chaste Life
48
EvidenceIntention of Accused
49
Evidence of Females Unchastity 50 Kidnapping Definition and Elements
50
False Imprisonment Defined
51
Mayhem Definition and Elements
52
Specific Intent Essential 54 Rape Definition and Elements 55 Resistance Repelling Force
53
Manner of Committing Rape
54
Age of the Male and Female
55
Ability and Disability to commit Rape
56
What is not a Defense 60 Complaint of the Female
57
Other Distinct Acts Incompetent 62 Impeachment of the Female
58
Physicians Examination of Female
59
CHAPTER III
61
Grand and Petty Larceny 66 Two Classes Simple and Compound 67 Taking and Carrying Away
62
Taking Away without Owners Consent 69 By Trick Fraud Scheme
63
Criminal Intent Essential 71 Taken from Owners Possession
64
In Custody of a Servant 73 When is One a Servant?
65
Custody for Special Purpose
66
Three Classes of Cases 76 Delivered by Mistake
67
Finding Goods and Appropriating 78 Larceny as Bailee
68
Bailee Breaking Package
69
Property of no Value 1 82 Wild Animals and Dogs 83 Taking Ones Own Property
70
Evidence of Recently Stolen Property
71
Evidence of Other Stolen Goods Evidence of Similar Coins and Jewelry
73
Variance in Proof and Allegations 88 Definition and Elements
74
Evidence Knowledge Intent
75
EmbezzlementDefinition and Elements 91 Embezzlement Differs from Larceny
76
Who Can Commit Embezzlement
77
Agent Clerk Servant Officer
79
Value of the Property Taken
80
Taking Ones Own is no Offense 97 Debtor and Creditor Merely
81
Series of Acts One Transaction
82
False Pretense Differs from Embezzlement
83
The Obtaining by False Representations
84
Past or Existing Fact Essential
85
Intent and Knowledge Essential 104 Statements of Mere Opinion
86
Representations Relied upon Deceptive 106 Cheating the Public Essential
87
Relating to Real Estate
88
Evidence of Other Transactions 109 Evidence of Complicated Business Relations
89
Evidence of One of Several Charges 111 What Constitutes the Offense
90
Robbery Definition and Elements
91
Offense not Robbery When
92
Burglary Definition and Elements 115 Breaking and Entering Essential
93
Breaking in the Night Time 117 Servants Committing Burglary 118 Burglary of a Dwellinghouse
95
Burglary of Storehouse Warehouse Shop 120 Any Other Building Defined 121 Felonious Intent Essential
97
Evidence of Goods Taken by Burglary
98
309
100
Uttering a Forged Instrument
102
138
107
Proving the Relationship 175 Definition and Elements
108
162
111
OFFENSE AGAINST PUBLIC MORALSABORTION
117
163
122
Burglars Tools as Evidence
123
Forgery Definition and Elements
124
The Nature of Forgery
125
Engraving Printing Photographing
126
Forgery How Committed
127
Instruments Not Subject to Forgory
128
Reputation of the House Incompetent
129
Reputation Improving Nuisance 182 Definition and Elements 183 Promise of Marriage Inducing Cause
130
Chaste Character of the Female
131
Female ConsentingNo Offense 186 Offer to Marry No Defense 187 Matters of Evidence
132
Chaste Character Essential
133
Chastity When and When Not Presumed 190 Impeaching Female Chastity
134
Corroboration of Female Required 192 Definition and Elements
135
Many Kinds of Game
136
Betting on a Game 195 Value of the Thing Bet 196 Gaming Not a Continuing Offense
137
Gaming in Public Place
138
Speculating on the Market 199 Definition and Elements
139
Fair Association Inclosure 201 Noise nor Kind of House Immaterial 202 Owner and Manager Liable
140
Matters of Evidence
141
Definition and elements 205 Schemes Held to be Lottery
142
Federal Statutes Against Lotteries 207 Definitions and Elements
144
Test of Obscenity
145
Sending Through the Mails 210 Publication What Constitutes 211 Definition and Elements
146
CHAPTER V
149
Offering a Bribe Without an Acceptance 214 Persons Included in the Statutes 215 Bribing Voters
150
What is and what is Not a Defense 217 Definition and Elements
151
Nature of the Offense 141
152
Ignorance of the Law No Excuse 220 Mere Error of Judgment No Offense
153
What Constitutes the Offense 222 May Resist Officer When 223 Proving Person an Officer
154
Definition and Elements 225 Subornation of Perjury Defined
155
Prisoners May Escape When 242 What Constitutes the Offense
164
The Offense of Contempt 244 What Constitutes Contempt
165
CHAPTER VI
167
Each Liable for Acts of
168
One Departing from Design 1 248 Conspiracy Merged When 249 Conspiracy for What Purpose
169
No Offense When
170
Evidence in Proof of Conspiracy
171
What Constitutes the Offense 253 Disturbing a Family
172
146
173
Resort of Dissolute Persons
175
Places of Committing the Offense 260 Efforts to Prevent Disorder 1 261 Proving House to be Disorderly
176
What Constitutes the Offense 1 263 Statutes Regulating the Sale
177
What Liquors are Included
178
Shift to Evade the Law
179
Social Clubs Liable When 267 One Purchasing for Others
180
165
181
To be Drunk Upon the Premises 272 Knowledge Intent Immaterial
182
Definition and Elements
183
Engaging in Usual Occupation
184
Druggists Selling Medicines
185
What Constitutes the Offense 86
186
Definition and Elements
187
Concealment of the Weapon 283 Carrying on Ones Own Premises 284 Travelers Exempt from Statute
188
Definition and Elements 89
189
Assault and Battery Included 287 Common Purpose Essential
190
Definition and Elements
191
I
192
167
193
168
194
169
195
What Constitutes a Highway
196
CHAPTER VII
197
Legislative Enactments
198
The Act of Voting Complete When
199
Offenses of Election Officers
200
Election Officer No Offense When
201
Statutory Provisions
202
Letter or Document Ineffective
203
Threatening Letter to Coerce
204
CHAPTER I
213
GRAND Jury PROCEEDINGSGRAND JURY
223
Grand Jury Proceedings Secret 30 Presenting Matters to Grand Jury
228
Courts Authorized to Empanel Grand Jury
229
Courts Authorized to Try Misdemeanors 33 Jurisdiction what Constitutes 34 State and Federal Courts Concurrent Jurisdiction
230
Offense Commenced in One State
231
CHAPTER III
233
Constitutional Requirements
234
In Language of the Statute Sufficient 235 38 In Language of the Statute Sufficient 39 Statutory Words Insufficient
235
Only One Felony in an Indictment
236
Several Felonies in One Transaction
237
Distinct Misdemeanors May be Joined 43 Name of the Accused or Others
238
Place where Offense Committed
239
When was the Crime Committed
240
Ownership of Property Involved
241
Description of the OffenseSurplusage
242
Description of PropertyMoney
243
Exceptions in Statute to be Negatived
244
Summarizing Clause
245
Amendments Not Allowed
246
Amendments Allowed when
247
How and When Make Motion to Quash
248
Prosecutions by Information and Complaint
249
Must be Supported by Affidavit
250
CHAPTER IV
251
Prejudice of the Inhabitants
252
Refusing Time to Prepare Affidavit
253
Absence of Material Witnesses
254
Absence of NonResident Witnesses
255
What is an Arraignment?
256
Effect of Pleading Guilty
257
CHAPTER VI
271
Impeachment of a Witness 283 Section 113 Impeachment of a Witness
284
119
289
Essential Element Lacking
290
CHAPTER 1
302
CHAPTER III
304
CHAPTER IV
312
224
317
CHAPTER VI
324
124
336
Special or Temporary Administrator
341
Jurisdiction 16 18 Appointment is a Judicial Act
342
Revocation Removal
343
Bond of Executor
344
Executor as Trustee 245
345
Joint Bonds Breach
346
Diligence Required 47
347
Liability After Revocation of Letters
348
Suretys Right to Appeal
349
225
350
Powers Over Real Estate
352
Appraisement
353
Interest
354
CHAPTER III
355
Liability of Real Estate for Satisfaction of Debts 46 Parties 47 The Decree
357
Practice 49 Homestead and Dower
358
CostsAttorneys Fees 51 The Decree as Final
359
Reversal of Decree upon Appeal 53 Conveyances
360
CHAPTER IV
361
No Compensation to Surviving Partners
368
CHAPTER IX
377
Partial Distribution
380
226
390
1713 173 177 178
399
340
403
S FIRST SUBJECTINTRODUCTION TO THE STUDY OF LAW SECOND SUBJECTLEGAL HISTORY
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318 페이지 - ... excepting only that nothing contained in this section shall prevent the revocation implied by law from subsequent changes in the condition or circumstances of the testator.
167 페이지 - A conspiracy is sufficiently described as a combination of two or more persons, by concerted action, to accomplish a criminal or unlawful purpose, or some purpose not in itself criminal or unlawful, by criminal or unlawful means...
13 페이지 - A CRIME, or misdemeanor, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it.
32 페이지 - Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances, capable of proof. Malice is implied, when no considerable provocation appears, or when all the circumstances of the killing show an abandoned and malignant heart.
219 페이지 - If it appears that an offense has been committed, and that there is probable cause...
42 페이지 - But this must be an ignorance or mistake of fact, and not an error in point of law. As, if a man, intending to kill a thief or housebreaker in his own house, by mistake kills one of his own family, this is no criminal action : but if a man thinks he has a right to kill a person excommunicated or outlawed wherever he meets him, and does so, this is wilful murder.
33 페이지 - ... to follow from the performance of a lawful act, the party stands excused from all guilt : but if a man be doing any thing unlawful, and a consequence ensues which he did not foresee or intend, as the death of a man or the like, his want of foresight shall be no excuse ; for, being guilty of one offence, in doing antecedently what is in itself unlawful, he is criminally guilty of whatever consequence may follow the first misbehaviour.
99 페이지 - Also the notion of forgery doth not seem so much to consist in the counterfeiting a man's hand and seal, which may often be done innocently, but in the endeavouring to give an appearance of truth to a mere deceit and falsity, and either to impose that upon the world as the solemn act of another which he is...
288 페이지 - ... that, 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 labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act ; or, if he did know it, that he did not know he was doing what was wrong.
228 페이지 - ... the finding of an indictment is only in the nature of an inquiry or accusation, which is afterwards to be tried and determined; and the grand jury are only to inquire upon their oaths, whether there be sufficient cause to call upon the party to answer it.

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