Overt act — continued.

of wrong as debarring from self-defense, § 309.
whether necessary in conspiracy, § 966.

in conspiracy, as determining jurisdiction, § 972.

as determining limitation of prosecution, § 973.
allegation of, in indictment for conspiracy, §§ 975, 977.

necessary to constitute violation of neutrality laws, § 1341.

in treason, § 1358.

Owners, distinct, taking property of, whether one larceny, § 551.
Ownership, how alleged, in prosecution for robbery, § 481.

of premises, allegation and proof of, in prosecution for burglary, § 495.
how alleged and proved, in prosecution for burglary, § 508.

in prosecution for arson, § 521.

in indictment for arson, how described, § 529.

of property, in case of larceny, SS 544–547.

how charged, in indictment for larceny, §§ 600–605.

in prosecution for embezzlement by public officer, § 648.

in embezzlement, how charged, § 653.

in false pretenses, how alleged, § 707.

in prosecution for receiving stolen goods, § 718.

in prosecution for malicious mischief or trespass, § 830.

Oysters, regulations as to taking, §§ 44, 46.

Pains and penalties, bills of, § 79.

Paramour, eloping with wife, whether guilty of larceny as to property
taken, § 558.

Parent, abandonment of child by, § 58.

chastisement by, when lawful, § 242.

causing death by unreasonable chastisement, guilty of manslaughter,
§ 348.

control of, over minor child, § 487.

deemed owner of clothing furnished to minor, § 546.

abduction of girl, from control of, §§ 1100-1106.

consent of, to sale of liquor to minor, § 1261.

Pari materia, statutes in, construction, § 87.

Particeps criminis, who deemed, § 202.

cannot complain of false pretenses, § 682.

Participation in crime, what sufficient to render punishable, § 194.

what sufficient to render criminally liable, § 199, 200.

what necessary to make one a principal, §§ 205, 206.

as accessory after the fact, § 209.

in homicide, § 291.

what sufficient in robbery, § 476.

what necessary in riot, § 995.

Particularity in description of property in indictment for larceny, §§ 592–
594.

Particulars, bill of, in prosecution for conspiracy, § 976.

Partner, criminal liability of one for acts of another, § 191.
ownership by, how charged in larceny, § 602.

Partner-continued.

misappropriation of funds by, not embezzlement, § 631.

allegation of ownership by, in prosecution for embezzlement, § 653.
sale of liquor by, protected by license of copartner, § 1227.

illegal sale of intoxicating liquors by, liability for, § 1238.

Party in the wrong cannot make self-defense, § 309.

cannot claim provocation as reducing homicide to manslaughter, § 339.
Passing counterfeit money, what criminal, §§ 780-789.

jurisdiction and venue in prosecutions for, §§ 790, 791.

indictment for, § 792-804.

evidence in prosecution for, §§ 805–810.

Patent rights, discrimination as to sale of, § 44.

regulation as to notes given for, § 50.

how far protected against state regulation, § 75.

Paternity of child, in proceedings for seduction or bastardy, evidence of,

SS 1117, 1129.

Payment of employees, regulation of, § 55.

Peddler, who deemed, § 44.

license tax on, SS 44.

Penal actions, what are, § 7.

construction and repeal of, §§ 81-110.

strict construction of, § 83.

Penalty, proceedings to recover, § 5.

whether exclusive of criminal punishment, § 8.
Penetration, necessity of, in case of rape, § 450.
what necessary, to constitute incest, § 1122.
essential in sodomy, § 1153.

Pension laws, violations of, § 1348.

Perjury, what constitutes, §§ 852, 853.
the oath, § 854-857.

jurisdiction of the court, § 858.

in case where oath authorized, §§ 859, 860.
materiality of false testimony, §§ 861-866.
falsity of testimony, $$ 867, 868.

intent, SS 869, 870.

as affected by duress, § 137.

as affected by intoxication, § 161.

indictment for, §§ 871-885.

jurisdiction in, § 871.

materiality, how averred, §§ 878, 879.

how proved, § 889.

evidence in prosecution for, §§ 886-892.

subornation of, §§ 893-895.

attempt to suborn, effect of impossibility, § 226.

in connection with voting, § 950.

under naturalization laws, § 1346.

in connection with procuring pension, § 1348.

Person, meaning of term, § 110.

whether corporation deemed, § 181.

Person-continued.

who deemed, in homicide, § 294.

intended to be injured, name in indictment for conspiracy, § 982.
Person, the, taking from, in robbery, § 474

larceny from, § 575.

Personalty, subject of larceny, § 536.

Personation, false, obtaining property by, § 562.

Petit larceny, deemed felony in prosecution for burglary, § 505.
Pharmacists, regulation of business of, § 36.

sale of intoxicating liquors by, § 1253.

Photographs as evidence, § 406.

Physical condition, declarations as to, § 415.
Physician, regulation of business of, § 36.

regulation of business of by municipalities, § 73.

discriminations as to license to, § 77.

criminal liability of, for negligence, § 130.

injurious treatment by, constitutes assault, § 237.

consent of patient to improper treatment by, no defense, § 249.
negligence of, as constituting homicide, § 287.

negligence of, in treating wound as cause of death, § 292.
negligence of, causing death, constitutes manslaughter, § 351.
sale of intoxicating liquors by, § 1253.

Piggery, keeping of, as a nuisance, § 1170.

Pilotage, regulations as to, § 1347.

Pimping, § 1106a.

Piracy, as a crime, § 1359.

Place, allegation of, in indictment for homicide, § 376.

of death, allegation of, in indictment for murder, § 381.
how averred, in perjury, § 882.

description of, in indictment for nuisance, § 1181.

allegation of, in prosecution under liquor laws, § 1272.

of sale of intoxicating liquor, what deemed, §§ 1231, 1236.
public, see Public place.

Plea of insanity, § 164.

of guilty in murder in first degree, § 364
Pleading, false oath to, as perjury, § 859.
Plural when used for singular, § 107.

Poison, use of, to prevent trespass, § 142.

attempt to administer, §§ 225, 227.

administration of, constitutes assault and battery, § 236.
with intent to murder, § 276, n.

killing by, murder in first degree, §§ 353, 354.

death by, deemed deliberate and premeditated, § 356.
allegation of death by, in indictment for homicide, § 378.
administration of, to procure abortion, § 1148.

Poisoning, evidence of, in prosecution for homicide, § 418.
injury to animals by, § 815.

Police power, vested in the state, § 23.

constitutional limitations upon, $$ 75-80.

as affecting interstate commerce, § 76.

Police regulations of municipalities, validity of, § 63.
liquor laws deemed, § 1200.

as to place for sale of intoxicating liquors, § 1250.
Sunday laws deemed, § 1319.

Polygamy, religious belief as to, § 121, n.

Pool selling, § 1305.

Poor-house, burning of, with intent to escape, whether arson, § 526.
Possession, what sufficient, in case of larceny, §§ 544–546.

in thief, necessary, in larceny, § 548.

of stolen property, continuous. § 552.

of property obtained by fraud or trick, whether larceny, § 560.
sufficient to support charge of ownership in indictment for larceny,
§ 603.

of stolen goods as evidence in larceny, §§ 616-620.

when deemed exclusive, § 620.

of burglar's tools, criminal, § 516.

of counterfeiting tools, SS 777-779.

of counterfeit money, $ 780-789.

of counterfeit money or forged instrument, presumption from, § 809.

of realty, criminal interference with, § 825.

in prosecution for forcible entry and detainer, § 839.

of intoxicating liquors, as evidence of intent to sell illegally, § 1243.
Post-offices, regulation of, §§ 1327-1335.

Post-roads, what are, § 1328.

Postal crimes, general discussion of, §§ 1327-1335.

Postal routes, regulation of, § 1327.

Pound breach, when criminal, § 932.
Practice of law, regulation of, § 37.

Preliminary examination, perjury committed in, § 858.
Preliminary investigation as to insanity, § 166.

as to capacity of deaf and dumb person, § 166.

Premeditation not essential to malice aforethought, & 329.
constituting murder in the first degree, $$ 353, 356–360.

how charged, in indictment for murder, §§ 382, 383.

Preparation to commit wrong will not debar from making self-defense,
§ 309.

Preparation for crime distinguished from attempt, § 224.

what constitutes, § 225.

Preponderance of evidence as to insanity, § 178.

Prescription, nuisance not supported by, § 1173.
highway by, § 1190.

for intoxicating liquors as medicine, § 1253.

Presence, taking from, in robbery, § 474.

Presence at commission of crime, constructive, §§ 195, 206.
Present ability, whether necessary in assault, §§ 232–234.

in case of assault with deadly weapon, § 257.
in case of assault with felonious intent, § 266.

Presumption, as to intent, § 123.

as to coercion in acts of married women, § 147.

Presumption— continued.

of innocence, in case of infancy, §§ 149-153.
as to sanity, § 174.

as to continuance of sanity or insanity, § 169.
of malice, from use of deadly weapon, §§ 332, 333.
as to degree of murder, § 365.

of intent to kill, from use of deadly weapon, § 357.

of life, in prosecution for homicide, § 399.

as to suicide, in prosecution for homicide, § 401.

as to intent, in prosecution for burglary, § 506.

from recent possession of stolen goods, in burglary and larceny, SS 514,
617.

of guilty knowledge, in prosecution for receiving stolen goods, § 726.

as to intent, in forgery, § 767.

in violation of election laws, § 951.

as to life of husband or wife, in prosecution for bigamy, § 1084.

of continuance of marriage relation, in prosecution for adultery,
§ 1089.

of continuance of criminal intercourse, in adultery, § 1098.

as to chastity, in seduction, § 1118.

as to marriage, in illicit cohabitation, § 1132.

as to intent to sell intoxicating liquors, § 1243.

Previous adjudication as to material fact in criminal prosecution, § 890, n.
Previous conviction proved in prosecution for second offense, § 28.
Previous jeopardy, see Jeopardy.

Principal and agent, criminal liability of principal for agent's acts, §§ 186-

192.

in case of libel, § 1056.

in case of maintaining nuisance, § 1174.

in case of illegal sales of liquor, § 1237.

Principal and accessory, distinction between, § 204.

general doctrine as to, §§ 204-210.

principals in first and second degree, § 205.

constructive presence, § 206.

accessory before the fact, § 207.

accessory in manslaughter, § 208.

accessory after the fact, § 209.

crimes in which accessory is not recognized, § 210.

procedure as to accessories, §§ 211-218.

indictment of, §§ 212-214.

order of trial, §§ 215-218.

in cases of assault, § 250.

accessory before the fact to murder in second degree, § 365.

in prosecution for rape, § 449.

in robbery, § 476.

in larceny, § 573.

whether receiver of stolen goods deemed accessory to larceny, § 713.
one who procures perjury guilty as accessory before the fact, § 893.
rules applicable to, do not apply between co-conspirators, § 981.