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1 INDEX. ABANDONMENT: of the criminal act, ABETTORS: liability of, 12, 15. who are, ABORTION: what constitutes, ACCESSORIES: before and after the fact, in what crimes we have, trial of, liability of, in cases of suicide, ACCOMPLICE: (See Accessories.) ACT: consent as determining character of, 9, 10. must be declared a crime by law, 24, 25. repentance or withdrawal from, necessity of, in <:rime, ACTION: civil or criminal, time of bringing for same wrong, ADULTERY: what constitutes, development of the law of, AFFRAY: defined, and elements of, AGE: as determining criminal responsibility, AGENCY: as affecting criminal responsiboity, AGENT: liability for crime, AIDERS AND ABETTORS: who are such, ALIENS: criminal liability of, ARREST: when officer excused for killing in making, distinction between civil and criminal proceedings in making,

2 [' ) vo lxdex ARSCN: tte burning in, cilaracter of premi3es in, ownership in cases of, the intent in, ASPORTATION: in larceny, ASSAULTS AND ASSAULT AND BATTERY: what constitutes, ASSISTANCE: liability of those who give, liability of those who give to a suicide, ATTEMPTS: to commit crime, what are, BIGAMY: what constitutes, BLASPHEMY: what is treated as, law against, as a part of the common law, BOUNDARIES: offenses committed across, BRIBERY: what amounts to, BURGLARY: the breaking in, entry in, character of premises in, when nighttime in cases of, the intent in, 251. BURNING: what is sufficient, in arson, CAPACITY: to commit crime, CHEATING: liability for, at common law, 3, 4. CHILD: liability of, for crime, CHILDREN: criminal liability of, CHRISTIANITY: as a part of our law, CIVIL AND CRIMINAL PROCEEDINGS: distinction between, 14, 15. effect of wrong of person injured on, 17, 18. for the same wrong,

3 COERCION: as a defense to crime, COMMAND: as an excuse for crime, INDEX COMMON LAW: no common law criminal jurisdiction for the U. S., as to suicide, sources of; for this country, Christianity as a part of, COMPOUNDING CRIME: what constitutes, COMPULSION: as a defense to crime, CONDITIONS OF CRIMINALITY: enumerated, CONCURRENCE: of act and intention, CONDONATION: as affecting criminal responsibility, CONGRESS: power to punish crimes, CONSENT: as affecting crime, of person injured, as affecting crime of larceny, CONSPIRACY: overt act in, 80 88,' what amounts to, CONSTRUCTIVE INTENT: example of, CONTRIBUTORY NEGLIGENCE,: effect of, in civil and criminal proceedings, 14, 15. CORPORA TIO NS: criminal responsibility of, CORPUS DELICTI: proof of, in case of homicide, COVERTURE: as a defense to crime, CRIME: defined, 2. distinguished from tort, 3-7. must be declared by law, liability of children for, without criminal intent, 51, 52, 53, 54.

4 390 INDEX CRIMES-Continued. attempts to commit, solicitations to commit, committed in foreign port, committed on high seas, where considered to have been committed, CRIMIN AL INTENTION: necessity of to constitute crime, in burglary, in general, concurrence of act and, CRIMIN AL LAW : sources of, 26-27, CRIMINAL LIBEL: what constit~tes, DELIRIUM TREMENS: as an excuse for crime, DELUSIONS: as a defense to crime, DEMENTIA: as a defense to crime, DETECTIVES: to what extent permitted to entrap criminals, DR UNKENNE.SS: as a defense to crime, DURESS: when an excuse for crime, DUTY: result of omission of, 2, 3. ELECTIONS: liability for illegal Yoting at, EMBEZZLEMENT: nature of the offense, distinguished from larceny, the intent in ENTRAPMENT: into crime, ESCAPE: when officer excused for killing in prennting, EXCUSABLE HOMICIDE: elements of, how it differs from justifiable, 194. EXPRESS MALICE: what is, and distinguished from implied,

5 IXDEX ;)91 FACT: mistake or ignorance of, FALSE IMPRISONMENT: what constitutes the crime of, ingredients of, FALSE PRETENSES: what constitutes, ingredients of, 280. FEDERAL COURTS: jurisdiction of, depends upon act of Congress, FELONIES: solicitations to commit, 5-. merger of, FELONIOUS HOMICIDE: defined, and elements of, FIGHTING: by agreement, 9, 10. FORCE: what sufficient in rape, necessary to constitute robbery, FORCIBLE ENTRY AND DETAINER nature and ingredients of, FORGERY: what amounts to, essentials of, FREE AGENCY: as an element of crime, GENERAL INTENT: when sufficient to constitute crime, GREAT LAKES: considered as high seas, HABITATION: offenses against, HEAT OF PASS ION: effect of, in cases of homicide, HIGH SEAS: what is included within the term, HOMICIDE: in g neral, proof of, cause and time of, must be the death of a human being, what constitutes felonious, when justifiable, when excusable, when felonious,

6 392 lxdex H MAN BEI 'G: in homicide, must be the death of, cause and time of death of, proof of death of, HUSBAND: liability of, for wife's crime, HUSBAND AND WIFE: as to criminal liability, IDIOCY: as a defense to crime, IGNORANCE OR MISTAKE OF FACT: as a defense to crime, IGNORANCE OR MISTAKE OF LAW: as a defense to crime, ILLEGAL VOTING: may be a crime without criminal intent, IMPLIED MALICE: what is, INCITING UNLAWFUL ACTS: liability for, INFANCY: as a defense to crime, I~SANE DELUSIONS: when a good defense to crime, IXSA TITY: as a defense to crime, the true test, INTE.NT: necessity of to constitute crime, 45-57, general, necessity of, in larceny, INTO XI CATION: as a defense to crime, 77, 7, 75. INVOLUNTARY ACTS: as a defense to crime, 79. INVOLUNTARY MANSLA GHTER: general nature of, IRRESISTIBLE IMPULSE: as an excuse for crime, JURISDICTION: of the federal government, 25, 26, 27, in foreign port, of states, JUSTIFIABLE HOMICIDE: elements of, how it differs from excusable, 194.

7 39;) J STIFICA TION: law of, KIDNAPPING: what constitutes, at common law, ingredients of, KILLING: when excusable, LARCENY: what constitutes, 10, 11, 12. property subject of, trespass and carrying away in, the asportation in, the intent in, the purpose, LAW: object of, 4. mistake or ignorance of, sources, LAW OF NATIONS: offenses against, 116. jurisdiction of, LIBEL: criminal, defined, LIMITS: of national jurisdiction, LOCALITY OF CRIME: what determines the, LUCRI CAUSA: in larceny, LUNACY: as a defense to crime, what constitutes, as a defense, MAIM: what is, at common law, MALA IN SE AND '1ALA PROHIBIT A: distinction between, 28, 29. MALICE: defined and kinds, MANSLAUGHTER: as affected by negligence of person injured, discussed and distinguished from murder, , voluntary, involuntary, MASTER AND SERVANT: responsibility for crime, in cases of,

8 394 INDEX MAYHEM: what amounts to, at common law, MENTAL CAP A CITY: tests of, MENTAL ELEMENT: as an ingredient of crime, MERGER: of crimes, MINORS : responsibility of, for crime, l'.'iisdemeanor: solicitations to commit, merger of, MISTAKE: when liable for, 28, 29. of law, effect of, of fact, effect of, MOTIVE: as an element of crime, MUNICIPAL ORDINANCES: liability for violating, 2, 29. MURDER: what constitutes, degrees of, distinguished from manslaughter, , 176, 177. MUTUAL COMBAT: criminal responsibility, in cases of, -10. NATIONS: law of, NECESSITY AND COMPULSION: as a defense to crime, NEGLIGENCE OR WRONG: may supply criminal intent, 2. in homicide, 2, 3. of the person injured, NONFEASANCE: as a criminal act, 1-3. OFFENSES: merger of, against the government, 116. against law of nations, 116. against the person, against the habitation,

9 :.39.) OFFENSES-Continued. against property, against public ju tice, against public peace, against morals and religion, OMISSION OR ACT: must be declared a crime by law, 24, 25. ORDINANCE: liability for violating, 2, 29. OVERT ACT: necessity of in crime, PARENT AND CHILD: crimes, as affected by the relation of, PARTIAL INSANITY: as a defense to crime, P RTIES TO CRIMES: discussed in general, how classified, PASSION: distinguished from insanity, PERJ RY: what amounts to, :-. PERSON: consent of, as affecting criminal responsibility, wrong of, as affecting his remedy, 15-1 PERSONAL PROPERTY: subject of larceny, PIRACY: for a full discussion of, 116. PRESU IPTION: of mental capacity, as to age, PRESS! G NECESS1ITY: as a defense to crime, PREVE TTION OF CRIME: when one may kill to prevent, PRI CIPALS: degrees of, 12-15, 89, 90. PRINCIPALS A D ACCESSORIES: classification of, 9-10 who are, how classified, 89-10[;. PRINOIPAL AND AGE ~T: the relation of, as affecting riminal responsibility,

10 396 INDEX PRIVATE WRONGS: what amounts to, 6, 7. PROFANITY: as an offense against our law, PROPERTY: when one may kill to protect, offenses against, PROVOCATION: what sufficient to make a crime manslaughter, PUBLIC: duty to, 2, 3. PUBLIC JUSTICE: offenses against, PUBLIC MORALS: offenses against, PUBLIC PEACE: offenses against, RAPE: defined, 199. histo'ry of this crime, means used in accomplishing, effect of consent in, RECEIVING STOLEN GOODS: what constitutes, RELIGION: as a part of our law, REPEAL: of repealing statute, effect of, 24, 25. REPENTANCE: of the act, effect of, RIOT: what constitutes, ROBBERY: discussion of, defined, 287. force required to constitute, SELF-DEFENSE: when one may kill in, elements of, SERVANT: liability of, for crime, SETTLEMENT: with the person injured, SOLICITATION: how far allowable to catch criminal,

11 INDEX 39~ SPEOIFIC INTENT: when necessary, STATES: sources of the law of, STATUTES: repeal of repealing, 24, 25. S ICIDE: nature of the offense and punishment, liability of parties to the, TORTS: distinguished from crimes, 3-7. TRAP: to catch criminal, how far allowable, TREASON: what constitutes, 116. TRESPASS: what constitutes, 6, 7. to constitute larceny, in larceny, UNITED STATES: jurisdiction of courts of UTTERING : forged paper, what constitutes, VOLUNTARY MANSLAUGHTER: defined and discussed, WIFE: liability of, for crime, WRONG: of the person injured,

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