132. Acquittal or Conviction of Greater Offense as Bar to Lesser 133. Single Act Constituting Several Offenses 134. Conviction of Assault as Bar to Prosecution for Murder 135. Single Act Violating Different Statutes of Same Jurisdiction 136. Single Act Violating Laws of Different Jurisdictions 137. Single Act Violating State Law and Municipal Ordinance 138. Act Violating Both Military and Civil Laws 139. Separate Offenses Committed at Same Time DISMISSAL OR NOLLE PROSEQUI AS AFFECTING JEOPARDY 140. In General 141. Dismissal at Request of Defendant; Withdrawing Minor Grades of Offense Erroneously 142. In General DISCHARGE OF JURY AS AFFECTING JEOPARDY 143. Discharge with Defendant's Consent 144. Insufficiency of Indictment or Want of Preparation for Trial as Ground for Discharging Jury 145. Disqualification of Juror 146. Sickness of Juror 147. Sickness of Judge or Defendant 148. Failure of Jury to Agree 149. Expiration of Term of Court before Verdict 150. Absence of Defendant as Ground for Discharging Jury 151. Necessity that Record Show Facts Authorizing Discharge 152. In General NEW TRIAL AS SECOND JEOPARDY 153. Conviction of Lower Degree of Crime as Acquittal of Higher Degrees 154. Statutes Defining Scope of New Trial 155. Conviction of Intermediate Degree as Acquittal of Both Higher and Lower Degrees 156. Conviction on One or More of Several Counts; Conviction of One of Several Defendants 157. In General XI. Trial and Review 158. Necessity for Service of Copy of Indictment; Service of List of Jurors 159. Disclosure of Name of Private Prosecutor; Service of Notice of List 166. Particular Presumptions-Innocence 167. Burden of Proving Alibi 168. Sanity of Accused 169. Continuation of Mental State 170. Character 171. Statutory Enactments RELEVANCY, MATERIALITY, COMPETENCY GENERALLY 172. Remoteness-Circumstantial Evidence 173. Demonstrative Evidence 174. Intent-Motive 175. Identification of Accused Generally 176. Identification by Voice 177. Tracking by Bloodhounds 178. Incrimination of Other Persons-Alibi 179. Threats, Quarrels, Hostility 180. Possession of Fruits of Crime 181. Intoxication 182. Insanity Generally 183. Opinion Respecting Mental State 184. Admission of What Is Expected to Be Proved by Absent Witness 185. Corporate Existence CONDUCT OF ACCUSED AFTER ACT 186. Generally 187. Failure to Deny Accusation 188. Flight 189. Other Conduct ILLEGALLY OBTAINED EVIDENCE 190. In General 191. Means Employed to Obtain Evidence Generally 192. Facts Obtained through Inadmissible Confessions 193. Evidence Obtained by Illegal Search PROOF OF OTHER CRIMES 194. Generally 195. Incidental Disclosure of Other Offenses 196. Identification of Accused 197. Proof of Motive, Intent, Knowledge, etc. 198. Offenses in Proof of Which Evidence Is Competent 199. Proof of Subsequent Offenses 200. Relevancy of Proof to Offense Charged 201. Intent Otherwise Established CHARACTER OR REPUTATION 202. In General 203. Traits of Character That May Be Proved 204. Time to Which Proof of Character Must Relate 205. Mode of Proof; Personal Knowledge, Reputation; Specific Acts 206. Negative Evidence as to Character 207. Qualification of Witness 208. Character Not Put in Issue; Attack by Prosecution 226. Contents of Judgment Generally; Conformity to Statute 227. Specification of Offense; Adjudication of Guilt 228. When Sentence Should Be Imposed 229. Fixing Time for Execution of Judgment 230. Effect of Failure to Fix Time for Commencement of Sentence 231. Assessment of Separate Punishment for Each Offense Charged IMPROPER SENTENCE 237. Unauthorized Sentence; Alternative Sentence CUMULATIVE SENTENCE 240. In General 241. Certainty 242. Necessity for Specifying that Sentence Is Cumulative 243. Necessity that Sentence Be Imposed by Same Court 244. Fixing Day for Commencement of Second Term 245. Effect of Invalidity of Prior Sentence; Deductions for Good Behavior AMENDMENT OR MODIFICATION 246. Expiration of Term as Affecting Power. 247. Amendment after Complete or Partial Execution 248. Substitution of Legal for Illegal Sentence; Mitigation of Punishment 249. Correction of Formal Errors; Nunc Pro Tune Entry SUSPENSION OF SENTENCE 250. Inherent Power of Court 251. Power of Indefinite Suspension 252. Suspension of Sentence as Exercise of Pardoning Power 253. Temporary Suspension; Placing Case on File and Continuing for Sen tence 254. Suspension during Good Behavior 255. Power to Sentence after Suspension 256. Suspension on Suggestion of Insanity 257. Statutory Regulation; Presumption on Appeal STAY OF EXECUTION 258. Indefinite Stay 259. Temporary Stay of Execution for Particular Purposes 260. Stay During Good Behavior 261. Power to Enforce Judgment after Legal Stay 262. Effect of Unlawful Stay XV. Punishment IN GENERAL 263. Purpose: Attainder 264. Power of Legislature to Fix Amount of Punishment 265. Assessment of Punishment by Jury 266. Right to Inflict Full Punishment on Each of Several Defendants 267. Effect of Lapse of Time without Serving Sentence EXTENT OF PUNISHMENT 268. In General 269. Hearing Evidence to Determine Amount of Punishment 270. Indeterminate Punishment 271. In General CRUEL AND UNUSUAL PUNISHMENT 272. Restraint on Legislature or Judiciary 273. Severity of Particular Sentence; Unequal Operation of Statute 274. Character of Punishment; Death' 275. Fine and Imprisonment; Hard Labor 276. Other Kinds of Punishment 277. Duration of Punishment 278. Cumulative Punishment, Increased Punishment of Habitual Criminals, and Indeterminate Sentence 279. Sterilization and Asexualization FINES ! 280. Definition 281. Costs as Part of Fine; Forfeiture as Fine 282. Imprisonment for Failure to Pay Fine 283. Excessive Fines; Recovery of Fines Illegally Imposed; Abatement on Death of Defendant XVI. Habitual Criminals and Subsequent Offenders 284. Constitutionality of Statutes Generally 285. Prospective Operation of Statutes 286. Effect of Statutes as Placing Defendant Twice in Jeopardy 287. Effect as Violating Other Constitutional Guaranties 288. Identity of Offenses 289. Void Sentence on First Conviction; Void First Conviction; Effect of Pardon 290. Time of Prior Conviction with Respect to Commission of Second Offense 291. Prior Conviction in Another State 292. Third Conviction Where Second Conviction Was Not Punished as Subsequent Offense 293. Averment and Proof of Prior Conviction 294. Definition XVII. Attempts to Commit Crime 295. Solicitation as Attempt 296. Preparation as Attempt 297. Necessity for Overt Act 298. Crime Prevented by Fact Unknown to Accused 299. Mistaken Belief as to Criminal Character of Act XVIII. Prevention of Crime SECURITY AFTER TRIAL 300. Common Law Power 301. Security as Part of Punishment; To What Offenses Applicable SECURITY AGAINST BREACH OF PEACE OR FOR GOOD BEHAVIOR 302. Preventive Justice Defined; Power to Require Security 303. Proceedings to Require Security 304. Grounds for Application; Breach of Bond |