TOPICAL INDEX. FIGURES REFER TO PAGES UNLESS OTHERWISE INDICATED. ABANDONMENT of child as assault, R. v. Renshaw, 324. of designed crime, as defense to party, 266, § 83; Glover v. C., 208. ABORTION, in general, 559, § 186. ABSENT PRINCIPALS, Vaux's Case, 249-50; Memo., 250; C. v. Hill, 250; R. v. Bing- ley, 250-1; R. v. Michael, 251. ACCESSORIES, after the fact, 255-259, § 77. before the fact, 256, § 76. conviction before principal, C. v. Phillips, 259; Starin v. P., 259-60. subsequent acquittal of principal, McCarty v. S., 260-1. trial as after acquittal, R. v. Plant, 317. liability for act done out of state, S. v. Wyckoff, 281-3. ACCESSORY, whether receiving stolen goods is, S. v. Ives, 515-6; Levi v. S., 516-17. essential to crime, 33, § 10. may be exercise of moral force, § 63. may be exercise of indirect force, C. v. Stratton, 70-1, § 63. conspiracy is without further overt act, R. v. Best, 186. ACT OF GOD. See GOD. ADMIRALTY, jurisdiction for crimes within jurisdiction of, 269-272, 86. entry to commit, not felony, S. v. Cooper, 387. larceny by taking property by wife's consent, R. v. Tollett, 438. But see R. v. by marriage after eleven years absence of husband supposed dead, C. v. Mash, by married man and single woman, not criminal, Anderson v. C., 14-16. as provocation for manslaughter, Mannings Case, 352; Fry v. S., 353. right to kill to prevent, Alberty v. U. S., 245-6. single man and married woman, not criminal, Resp. v. Roberts, 14. solicitation to, whether criminal, S. v. Avery, 179; S. v. Butler, 179-80. whether conspiracy to commit crminal, S. v. Butler, 179-80. ADVICE, rendering advisor criminally liable when absent, Vaux's Case, 249-50; Ward AFFIDAVIT, when making is perjury, S. v. Mace, 590. AFFRAY, in general, 554, § 182. AGENCY, agent liable though he thought principal had authority, S. v. Chastian, 105. defense of command by master, C. v. Hadley, 114. embezzlement by, 498-506, § 152. forgery in exceeding instructions, Gregory v. S., 252. liability of bartender if employer had no license, C. v. Hadley, 114. liability of principal for unauthorized act, S. v. Bacon, 26; P. v. Parks, 262; mail carrier not agent of addressee, Brewer v. S., 503-4. signature on assumed, not forgery. R. v. White, 520; C. v. Baldwin, 520. when principal liable for crime of agent, Morse v. S., 89. AGENT, crime committed through innocent, Vaux's Case, 249-50; Memo., 250; C. v. ALIEN, liability for crimes out of jurisdiction, R. v. Depardo, 269-70; C. v. Macloon, FIGURES REFER TO PAGES UNLESS OTHERWISE INDICATED. ALLEY, obstruction to, is private nuisance only, Bagley v. P., 572-3. ALTERATION, when forgery, 523, § 162. APPEARANCES, self defense in reliance upon justifiable, Shorter v. P., 228-9; Campbell APPRENTICE, admission by, not sufficient consent in burglary, S. v. Rowe, 373. liability for neglect to support, § 11. ARREST, illegal, as provocation to manslaughter, Huggett's Case, 351; R. v. Thompson, killing one attempting to take felon is murder, R. v. Jackson, 334. killing to prevent illegal, Creighton v. C., 235; R. v. Thompson, 351-2; Cook's menacing, killing to prevent, Jones v. S., 235-6. shooting to accomplish, R. v. Dadson, 222; Reno v. S., 223; Head v. Martin, 223-4; ARSON, in general, 387-393, §§ 116-120. attempt proved by offer of matches and money for burning, S. v. Bowers, 183-4. by servant at command of owner, S. v. Haynes, 115. by married woman, C. v. Neal, 112. consent as defense to assault and battery, S. v. Beck, 66-7; Champer v. S., 67; incomplete, Yoes v. S., 23. intercourse by husband having concealed disease is assault, R. v. Clarence, 71-4. ASSAULT AGGRAVATED, in general, 328, § 97. consent as defense to, assault with intent, etc., Smith v. S., 33-4; R. v. Martin, with intent, specific intent must be shown, R. v. Boyce, 105; R. v. Kelly, 105; with intent to murder if burglar merely sought to disable, R. v. Boyce, 105. as provocation for manslaughter, R. v. Stedman, 352-3. by police and jailer, when justifiable, S. v. Pugh, 221-2; Burns v. S., 222; S. v. by school teacher as punishment, Hutton v. S., 220; Heritage v. Dodge, 220; by station agent in expelling passenger, P. v. McKay, 221. double liability for two injuries from one stroke, S. v. Damon, 316. homicide to prevent not justifiable, R. v. Hewlett, 230-1. parental authority as defense, Hinkle v. S., 219. ASSEMBLY, unlawful, 555, § 183. ATTEMPT, abandonment after overt act, Glover v. C., 208. impossibility because agent will not act, S. v. Bowers, 183-4. Impossibility from mistake of fact as defense, C. v. McDonald, 210; S. v. Wilson, indictment for attempt to commit attempt is bad, S. v. Sales, 587. preparation distinguished from, P. v. Murray, 206-7; U. S. v. Stephens, 207-8; to assault, effect of consent, R. v. Martin, 69; R. v. Woodhurst, 69; Smith v. to cheat by forgery criminal, 518, § 160; P. v. Caton, 528. FIGURES REFER TO PAGES UNLESS OTHERWISE INDICATED. ATTEMPT-Continued. to commit arson by offer of reward not accepted, S. v. Bowers, 183-4. to commit statutory offense is common law offense, S. v. Butler, 179-80; R. v. to extort, criminal though decoyed into, P. v. Gardner, 65-6. to pick empty pocket, C. v. McDonald, 210; C. v. Wilson, 210-11; R. v. Collins, ATTORNEYS, disbarment of, ex parte Robinson, 596-7. AUTHORITY, from superior official, as defense, § 49. AUTREFOIS CONVICT OR ACQUIT, as a defense, 306-320, §§ 91-2. BANKRUPTCY, congressional legislation on, U. S. v. Fox, 7-8. BARBAROUS punishments, James v. C., 11-12. BARRATRY, common, defined, 551. BATTERY. See ASSAULT AND BATTERY. BAWDY HOUSES, 579-81, § 202. BIBLIOGRAPHY, 1. BICYCLE, racing, liability for injury from, Johnson v. S., 34-5. as religious duty, Reynolds v. U. S., 91-3. husband supposed dead from long absence, C. v. Mash, 129-30; R. v. Tolson, 85-9. BILLIARD HALLS, allowing infants in, Stern v. S., 131-2; S. v. Probasco, 132. BLACKMAIL, by pretended officer, McCord v. P., 62-3. BOOKKEEPING, false entry not forgery, ex parte Windsor, 521-2. BOXING, if breach of peace, is criminal, C. v. Collberg, 68; S. v. Burnham, 68. BOYCOTT, conspiracy to join, Crump v. C., 199-200; S. v. Glidden, 198-9; S. v. Van BREACH OF PEACE, in boxing match, consent no defense, C. v. Collberg, 67-8; S. v. BREACH OF PRISON, in general, 585-6, § 210. BREAKING, to constitute burglary, 369-374, § 110. bulk by bailee as larceny, 472-476, § 142. BRIBERY, in general, 583-4, § 207. offer by juror, to obtain verdict for pay, S. v. Sales, 587. what is at common law, Walsh v. P., 181-2. BUGGERY, 562. BUILDING, larceny from, 492-8, § 151. BULK, breaking by bailee, when larceny, 470-6, § 142. BURDEN OF PROOF, of discretion of accused infant, Angelo v. P., 139-40; S. v. of insanity, S. v. Lawrence, 173-4; P. v. Garbutt, 174; Davis v. U. S., 176; Horn- of provocation, C. v. York, 344-5. where an act in itself indifferent becomes criminal with intent, S. v. Goodenow, BURGLARY, in general, 369-376, §§ 109-115. consent as defense, Eggington's Case, 75-6; S. v. Abley, 78-9; P. v. Love, 78. intent to cut off ear, whether felony, C. v. Newell, 331-2. intent to take goods if none were there, Harvick v. S., 102-3. Hability of party for unexpected murder in, Lamb v. P., 264-6; Ruloff v. P., 263-4. FIGURES REFER TO PAGES UNLESS OTHERWISE INDICATED. BURNING, sufficient to constitute arson, 388-9, § 118. CASTLE, defense of justifiable, 238-243, § 70. CAUSE, remote consequence of false pretense, liability, R. v. Gardner, 533. to be criminal act of accused must be, § 14. liability for unexpected result, §§ 38-40; 81; 82; S. v. O'Brien, 41-2; C. v. Strat- several causes contributing, liability, § 14. CHAMPERTY, defined, 552. CHANGE, liability for larceny in making, Hildebrand v. P., 405-6; R. v. Bird, 300; CHARITY, obtained by false pretenses, P. v. Clough, 545; Barker v. S., 545-6. getting credit by lies not, C. v. Warren, 9. by false pretenses, 531-550, §§ 168-175. by false tokens, 529-531, § 167. by forgery, 518-528, § 159-165. by prosecutor as defense, C. v. Morrill, 61-2; R. v. Hudson, 62; In re Cummins, conspiracy to cheat is common law offense, S. v. Buchanan, 184-6; R. v. Pywell, jurisdiction to punish act done beyond borders, R. v. Brisac, 279-80; P. v. Adams, CHECK, of buyer, not a false token, R. v. Lara, 530. CHINESE, exclusion statutes, not criminal, U. S. v. Hing Quang Chow, 58-9. COERCION, as defense, 117-125, § 50-1. COLLISION, at sea, jurisdiction to punish for, R. v. Keyn, 272. COMFORT, disturbing public is nuisance, 574-9, § 201. COMMAND, by superior officer as defense, § 49. COMMON LAW, growth of, in this country, Resp. v. Roberts, 14; Anderson v. C., 16; implied abrogation by code, § 11; Smith v. P., 17. of crimes includes statutes before settlement, C. v. Warren, 9. of England how far adopted in this country, S. v. Williams, 11; James v. C., 11-12; COMMON SCOLD, James v. C., 11-12. COMPOUNDING CRIME, 584-5, § 208. by reward for not prosecuting, Wren v. C., 256-8. COMPULSION, as defense, 117-125, § 50-1. CONDONATION, no defense to rape or forgery, C. v. Slattery, 65; S. v. Tull, 65. power of, on crimes in general, U. S. v. Fox, 6-8. power of, to regulate commerce in state, U. S. v. De Witt, 6. CONSENT, obtained by fraud, (pretended treatment by physician) as defense to assault, obtained by fraudulent concealment by husband of disease, R. v. Clarence, 71-4. of child as defense to assault with intent to rape, C. v. Roosnell, 338-9. to admission of burglar obtained by fraud, Johnson's Case, 370; LaMott's Case, to assault and battery as defense, S. v. Beck, 67; Champer v. S., 67; C. v. Coll- to burglary as defense, Eggington's Case, 75-6; Love v. P., 78; S. v. Abley, 78-9. |