INDEX. ABANDONMENT: of the criminal act, 29-33. ABETTORS: liability of, 12, 15. who are, 90-100. ABORTION: what constitutes, 335-337. ACCESSORIES: before and after the fact, 90-100. in what crimes we have, 100-102. trial of, 102-105. liability of, in cases of suicide, 170-176. ACCOMPLICE: (See Accessories.) ACT: consent as determining character of, 9, 10. must be declared a crime by law, 24, 25. repentance or withdrawal from, 29-33. necessity of, in <:rime, 80-88. ACTION: civil or criminal, time of bringing for same wrong, 18-24. ADULTERY: what constitutes, 329-334. development of the law of, 329-334. AFFRAY: defined, and elements of, 313-315. AGE: as determining criminal responsibility, 34-37. AGENCY: as affecting criminal responsiboity, 90-97. AGENT: liability for crime, 90-97. AIDERS AND ABETTORS: who are such, 90-105. ALIENS: criminal liability of, 353-365. ARREST: when officer excused for killing in making, 188-190. distinction between civil and criminal proceedings in making, 189. 387
[' ) vo lxdex ARSCN: tte burning in, 229-232. cilaracter of premi3es in, 232-234. ownership in cases of, 234-238. the intent in, 238-240. ASPORTATION: in larceny, 258-264. ASSAULTS AND ASSAULT AND BATTERY: what constitutes, 207-216. ASSISTANCE: liability of those who give, 89-108. liability of those who give to a suicide, 170-176. ATTEMPTS: to commit crime, what are, 80-85. BIGAMY: what constitutes, 334-335. BLASPHEMY: what is treated as, 337-352. law against, as a part of the common law, 337-352. BOUNDARIES: offenses committed across, 365-386. BRIBERY: what amounts to, 305-308. BURGLARY: the breaking in, 241-243. entry in, 243-246. character of premises in, 247-249. when nighttime in cases of, 249-250 the intent in, 251. BURNING: what is sufficient, in arson, 229-232. CAPACITY: to commit crime, 34-79. CHEATING: liability for, at common law, 3, 4. CHILD: liability of, for crime, 34-37. CHILDREN: criminal liability of, 34-37. CHRISTIANITY: as a part of our law, 337-352. CIVIL AND CRIMINAL PROCEEDINGS: distinction between, 14, 15. effect of wrong of person injured on, 17, 18. for the same wrong, 18-24.
COERCION: as a defense to crime, 37-44. COMMAND: as an excuse for crime, 37-44. INDEX COMMON LAW: no common law criminal jurisdiction for the U. S., 25-27. as to suicide, 170-176. sources of; for this country, 219-228. Christianity as a part of, 337-352. COMPOUNDING CRIME: what constitutes, 308-312. COMPULSION: as a defense to crime, 37-44. CONDITIONS OF CRIMINALITY: enumerated, 34-79. CONCURRENCE: of act and intention, 47-50. CONDONATION: as affecting criminal responsibility, 7-10. CONGRESS: power to punish crimes, 25-27. CONSENT: as affecting crime, 8-10. of person injured, 8-10. as affecting crime of larceny, 10-12. CONSPIRACY: overt act in, 80 88,' 318 323. what amounts to, 318-323. CONSTRUCTIVE INTENT: example of, 50-51. CONTRIBUTORY NEGLIGENCE,: effect of, in civil and criminal proceedings, 14, 15. CORPORA TIO NS: criminal responsibility of, 105-108. CORPUS DELICTI: proof of, in case of homicide, 124-140. COVERTURE: as a defense to crime, 37-44. CRIME: defined, 2. distinguished from tort, 3-7. must be declared by law, 24-25. liability of children for, 34-37. without criminal intent, 51, 52, 53, 54.
390 INDEX CRIMES-Continued. attempts to commit, 80-88. solicitations to commit, 80-88. committed in foreign port, 353-365. committed on high seas, 353-365. where considered to have been committed, 365-386. CRIMIN AL INTENTION: necessity of to constitute crime, 45-57. in burglary, 45-47. in general, 45-47. concurrence of act and, 47-50. CRIMIN AL LAW : sources of, 26-27, 219-228. CRIMINAL LIBEL: what constit~tes, 219-228. DELIRIUM TREMENS: as an excuse for crime, 77-79. DELUSIONS: as a defense to crime, 58-77. DEMENTIA: as a defense to crime, 58-77. DETECTIVES: to what extent permitted to entrap criminals, 10-12. DR UNKENNE.SS: as a defense to crime, 77-79. DURESS: when an excuse for crime, 37-44. DUTY: result of omission of, 2, 3. ELECTIONS: liability for illegal Yoting at, 51-54. EMBEZZLEMENT: nature of the offense, 270-273. distinguished from larceny, 273-275. the intent in. 276-277. ENTRAPMENT: into crime, 10-12. ESCAPE: when officer excused for killing in prennting, 188-190. EXCUSABLE HOMICIDE: elements of, 191-198. how it differs from justifiable, 194. EXPRESS MALICE: what is, and distinguished from implied, 117-187.
IXDEX ;)91 FACT: mistake or ignorance of, 56-5. FALSE IMPRISONMENT: what constitutes the crime of, 203-207. ingredients of, 205-207. FALSE PRETENSES: what constitutes, 277-285. ingredients of, 280. FEDERAL COURTS: jurisdiction of, depends upon act of Congress, 25-27. FELONIES: solicitations to commit, 5-. merger of, 109-115. FELONIOUS HOMICIDE: defined, and elements of, 140-187. FIGHTING: by agreement, 9, 10. FORCE: what sufficient in rape, 199-203. necessary to constitute robbery, 285-292. FORCIBLE ENTRY AND DETAINER nature and ingredients of, 324-328. FORGERY: what amounts to, 294-297. essentials of, 294-297. FREE AGENCY: as an element of crime, 37-45. GENERAL INTENT: when sufficient to constitute crime, 45-47. GREAT LAKES: considered as high seas, 353-365. HABITATION: offenses against, 229-251. HEAT OF PASS ION: effect of, in cases of homicide, 177-1 4. HIGH SEAS: what is included within the term, 353-365. HOMICIDE: in g neral, 117-140. proof of, 124-140. cause and time of, 121-124. must be the death of a human being, 117-120. what constitutes felonious, 140-187. when justifiable, 188-190. when excusable, 191-19. when felonious, 140-187.
392 lxdex H MAN BEI 'G: in homicide, must be the death of, 117-120. cause and time of death of, 121-124. proof of death of, 124-140. HUSBAND: liability of, for wife's crime, 37-44. HUSBAND AND WIFE: as to criminal liability, 37-44. IDIOCY: as a defense to crime, 58-79. IGNORANCE OR MISTAKE OF FACT: as a defense to crime, 56-58. IGNORANCE OR MISTAKE OF LAW: as a defense to crime, 54-56. ILLEGAL VOTING: may be a crime without criminal intent, 51-54. IMPLIED MALICE: what is, 140-187. INCITING UNLAWFUL ACTS: liability for, 12-15. INFANCY: as a defense to crime, 34-37. I~SANE DELUSIONS: when a good defense to crime, 58-79. IXSA TITY: as a defense to crime, the true test, 5-79. INTE.NT: necessity of to constitute crime, 45-57, 80-85. general, 45-47. necessity of, in larceny, 264-270. 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, 184-187. IRRESISTIBLE IMPULSE: as an excuse for crime, 58-77. JURISDICTION: of the federal government, 25, 26, 27, 353-365. in foreign port, 353-365. of states, 365-368. JUSTIFIABLE HOMICIDE: elements of, 188-190. how it differs from excusable, 194.
39;) J STIFICA TION: law of, 1 8-19 KIDNAPPING: what constitutes, at common law, 203-207. ingredients of, 205-207. KILLING: when excusable, 191-19 LARCENY: what constitutes, 10, 11, 12. property subject of, 252-258. trespass and carrying away in, 258-264. the asportation in, 258-264. the intent in, 264-270. the purpose, 264-270. LAW: object of, 4. mistake or ignorance of, 54-56. sources, 219-228. LAW OF NATIONS: offenses against, 116. jurisdiction of, 353-365. LIBEL: criminal, defined, 219-228. LIMITS: of national jurisdiction, 353-365. LOCALITY OF CRIME: what determines the, 365-386. LUCRI CAUSA: in larceny, 264-270. LUNACY: as a defense to crime, 58-79. what constitutes, as a defense, 58-79. MAIM: what is, at common law, 216-219. MALA IN SE AND '1ALA PROHIBIT A: distinction between, 28, 29. MALICE: defined and kinds, 140-161. MANSLAUGHTER: as affected by negligence of person injured, 12-15. discussed and distinguished from murder, 140-161, 162-187. voluntary, 177-184. involuntary, 184-187. MASTER AND SERVANT: responsibility for crime, in cases of, 90-97.
394 INDEX MAYHEM: what amounts to, at common law, 216-219. MENTAL CAP A CITY: tests of, 58-79. MENTAL ELEMENT: as an ingredient of crime, 58-79. MERGER: of crimes, 109-115. MINORS : responsibility of, for crime, 34-37. l'.'iisdemeanor: solicitations to commit, 85-88. merger of, 109-115. MISTAKE: when liable for, 28, 29. of law, effect of, 54-56. of fact, effect of, 56-58. MOTIVE: as an element of crime, 140-161. MUNICIPAL ORDINANCES: liability for violating, 2, 29. MURDER: what constitutes, 140-161. degrees of, 166-169. distinguished from manslaughter, 140-161, 176, 177. MUTUAL COMBAT: criminal responsibility, in cases of, -10. NATIONS: law of, 353-363. NECESSITY AND COMPULSION: as a defense to crime, 37-44. NEGLIGENCE OR WRONG: may supply criminal intent, 2. in homicide, 2, 3. of the person injured, 12-18. NONFEASANCE: as a criminal act, 1-3. OFFENSES: merger of, 109-115. against the government, 116. against law of nations, 116. against the person, 117-229. against the habitation, 229-251.
:.39.) OFFENSES-Continued. against property, 252-299. against public ju tice, 300-312. against public peace, 313-32. against morals and religion, 329-352. OMISSION OR ACT: must be declared a crime by law, 24, 25. ORDINANCE: liability for violating, 2, 29. OVERT ACT: necessity of in crime, 80-8. PARENT AND CHILD: crimes, as affected by the relation of, 37-44. PARTIAL INSANITY: as a defense to crime, 58-79. P RTIES TO CRIMES: discussed in general, 9-108. how classified, 9-10. PASSION: distinguished from insanity, 58-79. PERJ RY: what amounts to, 300-30:-. PERSON: consent of, as affecting criminal responsibility, 8-10. wrong of, as affecting his remedy, 15-1 PERSONAL PROPERTY: subject of larceny, 252-258. PIRACY: for a full discussion of, 116. PRESU IPTION: of mental capacity, 34-37. as to age, 34-37. PRESS! G NECESS1ITY: as a defense to crime, 37-44. PREVE TTION OF CRIME: when one may kill to prevent, 191-198. PRI CIPALS: degrees of, 12-15, 89, 90. PRINCIPALS A D ACCESSORIES: classification of, 9-10 who are, 89-10. how classified, 89-10[;. PRINOIPAL AND AGE ~T: the relation of, as affecting riminal responsibility, 90-97.
396 INDEX PRIVATE WRONGS: what amounts to, 6, 7. PROFANITY: as an offense against our law, 337-352. PROPERTY: when one may kill to protect, 191-198. offenses against, 252-299. PROVOCATION: what sufficient to make a crime manslaughter, 177-184. PUBLIC: duty to, 2, 3. PUBLIC JUSTICE: offenses against, 300-312. PUBLIC MORALS: offenses against, 329-352. PUBLIC PEACE: offenses against, 313-328. RAPE: defined, 199. histo'ry of this crime, 199-203. means used in accomplishing, 199-203. effect of consent in, 199-203. RECEIVING STOLEN GOODS: what constitutes, 292-294. RELIGION: as a part of our law, 337-352. REPEAL: of repealing statute, effect of, 24, 25. REPENTANCE: of the act, effect of, 29-33. RIOT: what constitutes, 315-317. ROBBERY: discussion of, 285-292. defined, 287. force required to constitute, 287-292. SELF-DEFENSE: when one may kill in, 191-198. elements of, 191-198. SERVANT: liability of, for crime, 90-97. SETTLEMENT: with the person injured, 7-10. SOLICITATION: how far allowable to catch criminal, 10-12.
INDEX 39~ SPEOIFIC INTENT: when necessary, 45-47. STATES: sources of the law of, 219-228. STATUTES: repeal of repealing, 24, 25. S ICIDE: nature of the offense and punishment, 170-176. liability of parties to the, 170-176. TORTS: distinguished from crimes, 3-7. TRAP: to catch criminal, how far allowable, 10-12. TREASON: what constitutes, 116. TRESPASS: what constitutes, 6, 7. to constitute larceny, 10-12. in larceny, 258-264. UNITED STATES: jurisdiction of courts of 25-27. UTTERING : forged paper, what constitutes, 297-299. VOLUNTARY MANSLAUGHTER: defined and discussed, 177-184. WIFE: liability of, for crime, 37-44. WRONG: of the person injured, 15-18.