A Treatise on the Law of Larceny and Kindred Offenses Such as Adulteration, Blackmailing, Burglary, Conspiracy to Defraud, Embezzlement, Extortion, False Pretenses, Frauds and Cheats, Piracy, Receiving Stolen Goods, Robbery, and Trespasses Depriving of Property

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Wait publishing Company, 1892 - 823페이지

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Larceny of animals
8
What is a single offense
9
Attempts to commit larceny
10
Who is a principal offender
11
Who is an accessory or accomplice
12
CHAPTER II
13
Larceny by trick and device
14
Larceny from house or building
15
Larceny from the person
16
Larceny from the mail
17
CHAPTER III
21
Intent to hold for reward
22
Intent must exist at time of taking
23
Scope and extent of this rule
24
Its limits and exceptions
25
THE ASPORTATION 26 Necessity of a carrying away 27 What asportation is sufficient 28 What is insufficient
28
How long the larceny is deemed to be in progress
29
CHAPTER V
31
Depositary
32
Hirer or borrower of a chattel
33
Carrier factor or other bailee for special purpose
34
Larceny by agent servant or clerk
35
Larceny by cotenant lessee cropper
36
Larceny by maker of note bond
37
Larceny by paramour of owners wife
38
Larceny by public officers
39
CHAPTER VI
42
Receipts releases books of account
43
Railroad tickets
44
Things savoring of the realty derelict property
45
Animals
51
Larceny of ones own property
52
Larceny of property jointly owned
53
CHAPTER VII
54
Distinction belween larceny and trespass or malicious mischief
55
Distinction between larceny and embezzlement
56
Distinction between larceny and false pretenses
57
Distinction between larceny and robbery
58
CHAPTER IX
59
Jurisdiction as dependent on value
60
Federal courts conflict Indian country
61
Stealing in one State and carrying into another
62
Stealing in one county and carrying into another
63
Committing larceny in a moving train
64
Affidavit complaint warrant etc 66 Search warrants
65
CHAPTER X
76
CHARGING THE OFFENSE GENERALLY 70 Charging the taking 71 Charging the asportation 72 Negativing owners consent 73 Charging the off...
79
Name of bank need not be stated
80
Treasury notes and national currency
81
Horses mares geldings
82
CHAPTER XII
83
Oysters and fish
84
Growing crops and vegetables
85
Ores and minerals
86
Inconsistent descriptions amendment aider by verdict
87
Miscellaneous cases
88
Necessity of the averment
89
Sufficiency generally
90
Ostensible or apparent owner
91
General and special owners
92
Goods and chattels of A
93
Property in hands of bailee
94
Property levied on by officer
95
Articles furnished by parent to child
96
Property of married women
97
Property of partners or other joint owners
98
Estrayed animals
99
Property in hands of tenant
100
Alleging ownership in an estate
101
Ownership of matter stolen from the mail
102
Property of corporations
103
Unknown owners
104
Amending the allegation
105
Averment of possession whence taken
106
Charging larceny and receiving stolen goods
115
Charging larceny of several articles belonging to one owner
116
CHAPTER XIV
117
Joinder of defendants
118
Election between counts
119
Larceny from the person
120
Larceny by bailee or after trust
121
Theft of animals
122
Bringing of stolen property into State or county
123
Second offenses
124
CHAPTER XV
125
ROBBERY
126
CHAPTER L
132
CHAPTER XVII
137
CHAPTER XVIII
151
CHAPTER XIX
156
Genuineness
160
Necessity of proving value
161
When value will be inferred
162
How value may be proved
163
How far proof must correspond with allegation of value
164
CHAPTER XX
165
Showing constructive possession by owner
167
Showing alleged owners special property 148 Joint and separate ownership
168
Property held in trust 150 Property of married woman
169
Corporate property
170
Proving ownership by marks and brands
171
CHAPTER XXI
173
CHAPTER XXII
177
CHAPTER XXIII
184
North Carolina
185
Pennsylvania
187
South Carolina
188
Tennessee
189
Texas
190
Utah
191
Vermont
192
Virginia
193
West Virginia
194
Wisconsin
195
CHAPTER XXIV
205
Flight
208
CHAPTER XXV
209
To show intent or develop the res gesta
211
Two offenses part of same transaction
212
CHAPTER XXVI
213
CHAPTER XXVII
218
CHAPTER XXVIII
227
Alibi
232
Character
234
Consent
236
Duress 226 Exculpatory declarations
237
Former jeopardy
242
Guilt of another
246
Ignorance of
247
Ignorance of fact 231 Infancy
248
Insanity
250
Intoxication
257
Kleptomania
258
Marital coercion
259
Title ownership claim of right
260
CHAPTER XXIX
263
Instructions as to principals and accomplices
264
Instructions as to reasonable doubt
265
Instructions as to time and place
266
Instructions as to value
267
Necessity of written instructions
268
Necessity of prayer for instructions
269
What prayers should be granted generally
270
What may be properly refused
271
Requests to charge as to circumstantial evidence
272
Requests as to intent
273
Requests as to ownership
274
Instructions as to character
287
Instructions as to circumstantial evidence
290
Instructions as to identity
291
Instructions as to intent or guilty knowledge
292
Instructions as to intoxication 262 Instructions as to ownership want of consent
294
Punishment for larceny from house or building
303
Second offenses
304
Disposal of property on discharge of prisoner
305
Construction of statutes
306
General nature of the offense
307
Jurisdiction
308
What constitutes the offense
309
Relation between thief and receiver
310
The guilty intent
311
CHAPTER XXXI
312
Affidavit or complaint
313
Venue of the offense
314
Indictment generally
315
General verdict
316
285 Special verdict 286 Finding value
317
Naming the owner
318
Averment of value
319
Verdict where two or more are jointly charged 288 Verdict on one or more of several counts or charges
320
Conviction of lesser or other offense
321
Evidence for the prosecution generally
322
Conviction of receiving on indictment for larceny 291 Assessment of punishment by jury
323
Findings on trial by court without jury CHAPTER XXXII
324
Possession of the stolen goods
325
Proof of previous similar acts
326
Matters of defense
327
Variance
328
WHAT CONSTITUTES JURISDICTION CONSTRUCTION OF STATUTES
334
Who is a principal offender
340
Construction of statutes jurisdiction
341
Iustructions to the jury
361
Verdict conviction
364
Sentence and punishment
366
PART II
367
What constitutes embezzlement
370
What does
371
Embezzlement and larceny distinguished
372
Construction of statutes
373
Jurisdictional questions
374
Embezzlement by agent servant or clerk
375
Who is an employer
376
Who is an agent
377
Embezzlement by public officers
378
Embezzlement by de facto officers
379
What may be embezzled generally
380
Embezzlement from the mail CHAPTER XLI
381
Sufficiency of the indictment generally
382
Sufficiency of the information
383
Averment of relation existing
384
Description of property converted
385
CHAPTER XXXV
386
Allegation of delivery of property
387
Charging distinct acts
388
CHAPTER XXXVI
415
Setting out the pretense
419
Negativing the pretense
420
Averment that pretense was successful
421
Averment of intent or scienter
422
Description of the property
423
Averment of ownership
424
Proof of intent
425
Proof of ownership or inhabitancy
426
Presumptive and circumstantial evidence
427
What evidence is admissible generally
428
Proof of delivery of property
429
Proof of guilty knowledge
430
Proof of felonious intent
431
Proof of credit given
432
Sufficiency of evidence
433
Showing another offense
434
Defenses generally
435
Possession of burglars tools
436
Variance CHAPTER XLIX
437
Questions of law and fact 439 Instructions to the jury
439
Verdict
440
Possession of stolen property
441
General nature of the offense
444
What constitutes it generally
445
Evidence in defense generally
446
Putting in fear
447
Robbery by threats
448
The felonious intent
449
Consent when a defense
450
Variance
451
Robbery of person in custody of the mail
452
CHAPTER XXXVII
454
CHAPTER XXXVIII
463
Verdict
464
Sentence
466
Punishment
468
What is not indictable
498
Who are coconspirators
499
Situs of the offense
500
Separate prosecutions
501
What indictments are sufficient
502
Laying the venue
503
Necessity of alleging overt
504
What indictments are insufficient
505
Evidence to convict generally
506
Acts and declarations of coconspirators
507
Burden of proof
508
Matters of defense
509
Variance
510
Instructions to the jury
511
Verdict
512
Sentence and punishment
513
Judgment of restitution
514
In general
515
Frauds on the government generally
516
False claims against government
517
Violations of customs laws
518
Frauds by national bank officers
519
Frauds by distillers
520
Evasions of stamp duty
521
False tax lists
522
Fraudulent packing of cotton
523
Proof of delivery of property 391 Proof of value 392 Proof of other acts of embezzlement 393 Matters of defense
524
Selling property not owned or subject to lien
525
Unlawful removal of crops
526
Illegal branding of cattle
527
Purchases forbidden by
528
Fraudulent concealment of property
529
When indictable generally
535
Construction of statutes
536
Variance
537
CHAPTER XLIII
538
Cutting timber on the public lands
539
Indictment
540
Evidence to convict
541
PART
545
CHAPTER XLV
566
CHAPTER XLVI
576
Affidavit for warrant
578
Variance
621
Punishment
628
Charging the taking 455 Averment of locus in quo 456 Averment of force or threats 457 Description of the property 458 Averment of ownership 45...
643
CHAPTER LII
652
PART
677
CHAPTER LV
689
CHAPTER LVI
713
CHAPTER LVIII
763
Defenses
788
Variance
790

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289 페이지 - In order to justify the inference of legal guilt from circumstantial evidence, the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis than that of his guilt.
727 페이지 - In prosecutions for conspiracies, it is an established rule, that where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party in pursuance of...
498 페이지 - Whoever, being a postmaster or other person employed in any department of the postal service, shall unlawfully detain, delay, or open any letter, postal card, package, bag, or mail intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the postal service...
625 페이지 - A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied ; specifying the extent of the imprisonment, which cannot exceed one day for every one dollar of the fine.
634 페이지 - Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
205 페이지 - The flight of a person suspected of crime is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case.
475 페이지 - Every one who voluntarily assumes a relation of personal confidence with another is deemed a trustee, within the meaning of this chapter, not only as to the person who reposes such confidence, but also as to all persons of whose affairs he thus acquires information which was given to such person in the like confidence, or over whose affairs he, by such confidence, obtains any control.
640 페이지 - The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals...
65 페이지 - Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.
737 페이지 - ... bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to be false, fictitious or fraudulent, or to contain any false, fictitious or fraudulent statement or entry, obtain or attempt to obtain any allowance, refund, or payment for damage or otherwise...

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