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20.
21.
SECTION 17. Husband may Watch Wife - Eavesdropping
18. Husband and Wife - Conspiracy
19. Goods in Man's House Presumed His
Wife can not Commit Arson as to Husband's Goods
False Pretenses
29. Married Woman not an "Inhabitant" or "Member of the
State"
94
30. Husband Burning Wife's House- -Not punishable for Arson . 100
31. Destroying Wife's Property - Husband not Punishable. 100
31a. Trespass-Cutting and Destroying Timber
32. Crime Committed by Wife in Presence of Husband
sumption of Coercion
33. Wife's Liability for Crimes
v. Cruise
34. Presumption of Coercion
35.
-
Arguments and Remarks in R.
. 102
36. Coercion of Wife - Assault and Battery
37.
Larceny
38.
Attempt to Murder
39.
Receiving Stolen Goods
Infant under Seven can not be Guilty of Felony - Action for False Im-
prisonment. Marsh v. Loader, 14 C. B. (N. s.) 535
Infancy-Between Seven and Fourteen Incapacity Presumed. State v.
Adams, 76 Mo. 355
South. (N. J.) 231; 7 Am. Dec. 592
Child between Seven and Fourteen- Presumption of Incapacity to Com-
Infancy-Child of Twelve-Murder - Texas Statute. Wusnig v. State, 33
Tex. 651.
126
Infant of Eleven Years - Murder - Confession of Infant.
State v. Aaron, 1
133
138
mit Crime. R. v. Owen, 4 C. & P. 236
Responsibility of Infants for Crime-False Swearing.
Child of Ten Years-Instrument for Coining-
Infant Illegal Act in Presence of and by Command of Parent. Com. v.
Mead, 10 Allen, 398
Infant - Can not Commit Rape or Assault with Intent. State v. Sam,
Winst. 300. p. 145.
Infancy-Presumption of Innocence
ant. McClure v. Commonwealth, 2 Crim. L. Mag. 210
Infant under Twenty-one not Indictable for Non-repair of Highways.
R. v. Sutton, 5 N. & M. 353
Assault-Parent and Child- Person in Loco Parentis- Corporal Punish-
ment. Snowden v. State, 12 Tex. (App.) 105
Schoolmaster and Pupil-Girl over Age-Fraud. State v. Mizner, 45
Iowa, 248
SECTION 45. Child under Seven can not Commit Crime
46. Child under Fourteen, but over Seven Presumed Incapable
47. Sketch of the History of the Law - Mr. Green's Note
Illinois and Texas Statutes
52. Grand Larceny - Boy under Fourteen
52a. Note to People v. Davis - Responsibility of Infants
53. Murder - Children of Eleven and Twelve
. 169
169
. 170
54. Same-Child of Twelve. Commonwealth v. Elliot
55. Petit Larceny - Boy under Fourteen
56. Possession of Instruments for Coining
57. Vagrancy - Child Two Years Old
60. Rape-Infant Under Fourteen can not be Convicted of
60a. Rape Principal in Second Degree - Boy Under Twelve
61. Rule not Changed by Statute that "Any Person"
be Guilty.
Nor by Statute Dispensing with Proof of Emission.
Not Guilty of Assault with Intent to Commit-Common
Assault
. 183
68. Parent and Child-Corporal Punishment not an Assault
. 185
71. Schoolmaster and Pupil-Assault-Right to Inflict Corporal
. 188
74. Presumption that Chastisement is Proper.
75. Schoolmaster and Pupil-Right of Master to Enforce Rules . 189
76. Seaman and Captain
189
CHAPTER IV.
PRINCIPAL AND AGENT.
Officers-Warden of Prison
- Murder — Liability for Acts of Deputy. R.
v. Huggins, 2 Strange, 882
Sheriff not Liable for Malfeasance of Deputy. Commonwealth v. Lewis, 4
Principal and Agent- Master and Servant - Officers and Soldiers
· 197
Liability. Com-
gence- Accident. R. v. Hutchinson, 9 Cox, 555.
Criminal Liability of Master for Act of Servant — Test of Liability.
monwealth v. Nichols, 10 Metc. 259; 43 Am. Dec. 432
Principal and Agent - Burden of Proof of Agency on Prosecution. Com-
monwealth v. Mason, 12 Allen, 185.
Liability of Principal - Agent's Authority must be Express not Implied.
Patterson v. State, 21 Ala. 571
Illegal Sale "By Agent or Otherwise "
v. State, 22 Ohio St. 305.
Principal and Agent-Selling Adulterated Milk - Liability of Principal.
State v. Smith, 10 R. I. 258
199
203
Liability of Principal. Anderson
Non-liability of Principal-Illegal Act of Clerk. State v. Dawson, 2 Bay,
Principal Not Liable for Act of Agent - Revenue Laws. United States v.
Halberstadt, Gilpin, 262.
Libel-Liability of Publisher of Newspaper. R. v. Holbrook, 13 Cox, 650. 217
Master and Servant - Illegal Act of Master - Negligence of Servant.
R. v. Bennett, 8 Cox, 74.
Principal and agent - Corporation - Liability of Stockholders. People v.
England, 27 Hun, 139
Principal and Accessory-Party Advising Crime not Principal. Able v.
Commonwealth, 5 Bush, 698
228
Principal not Present Not Liable for Guilty Agent.
Park. C. C. 120
Principal and Agent - Responsibility of One for Acts of Others with
Him. People v. Knapp, 26 Mich. 112
Agent Employed to Commit Crime - Responsibility of Employer for Dif-
ferent or Additional Crime than that Commanded.
Watts v. State, 5
W. Va. 532
.
Principal and Agent - False Pretenses - Letter Written by Solicitor Mak-
ing Claim for Goods. R. v. Downer, 14 Cox, 486
Innocent Agent-Not Liable for Obeying Command of Master. R. v.
James, 8 C. & P. 131
Master and Servant - Arson.
569 .
Principal and Agent - Military Officers-Orders from Superior Officer-
Criminal Liability. State v. Sparks, 27 Tex. 627
Master and Servant - Private Soldier Bound to Obey Orders of Superior
Officer. Riggs v. State, 3 Cold. 85
Principal and Agent-Orders from Military Authority. Commonwealth v.
Holland, 1 Duv. 182
Principal and Agent- Husband and Wife - Nuisance. People v. Living-
234
Watchman in Jail not Liable for Negligent Escape of Prisoner.
Errickson, 32 N. J. (L.) 421
State v.
264
NOTES.
SECTION 77. Officers - Not Criminally Liable for Acts of Deputies or Ser-
vants
78. Sheriff not Indictable for Deputy's Neglect of Duty
79. Escape-Negligence of Jailer Indictment Against Sheriff
SECTION 95. Illegal Act of Master - Negligence of Servant
. 281
98. Agent Employed to Commit Crime, Committing Another and
Different Crime
281
99. Destroying Property - Owner of Animal not Criminally Liable
for Destruction by
. 282
101. Servant Obeying Orders of Superior - Soldier and Officer
102.
Fireman and Engineer of Locomotive
. 283
. 285
103. Non-Liability of Agent - Other Instances
103a. - Joint Liability for Acts of one Causing Death
104. License to Principal Protects Agent
. 286
105. Statutory Crime - Intent of Employer not Presumed to Igno-
Assault and Battery. People v. Bransby, 32 N. Y. 525
Consent Rape - Utmost Resistance and Reluctance Required.
taker v. State, 50 Wis. 519
Consent - Rape - Resistance by Woman. People v. Dohring, 45 N. Y. 374. 302
Consent-Indecent Assault. R. v. Wollaston, 26 L. T.(N. s.) 403
Consent Forcible Defilement - Dissent of Woman must be Shown.
lard v. State, 2 Iowa, 567
Rape-Consent - Fraud not Equivalent to Force. Don Moran v. People . 312
Rape-Consent - Fraudulent Personation of Husband. Lewis v. State, 30
Ala. 54
. 319
Consent Rape - Fictitious Marriage. Bloodworth v. State, 6 Baxt. 614 322
Rape-Consent - Insensibility Produced by Intoxication-Assault with In-
tent. People v. Quin, 50 Barb. 128
Consent - Rape-Insane Woman. R. v. Connolly, 26 U. C. Q. B. 317 330
Consent Obtained by Fraud - Statutory Requirements Obtained by Fraud.
R. v. Feist, Dears. & B. 570.
State v. Cooper, 22 N. J. (L.) 52
(L.) 52
Abortion-Consent of Woman a Defence at Common Law. Commonwealth
v. Parker, 9 Metc. 263; 43 Am. Dec. 396
Consent Bribery. O'Brien v. State, 6 Tex. (App.) 665
Larceny Non-Consent of Owner must be Shown. State v. Moon, 41 Wis.
684 .