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ABANDONMENT, when a defence to attempt, 1865.

ABATEMENT OF NUISANCE, 97, 1426, 1498 6.

Indictment must conform to statutory conditions, 586.
woman in such case may be a witness, 587.
indictment must be in county of offence, 588.
original actors are all principals, 589.
kidnapping and “inveiglement” specifically indictable, 590.
ignorance no defence to indictment for, 88.

when with consent of girl abducted, 1756, 1765.
ABERRATION, homicide through, 317–18, 320.
ABETTOR, constituents of, 219.

Producing an abortion is an offence at common law, 592.
woman a witness for the prosecution, 593.
consent no defence, 594.
otherwise as to necessity, 595.
non-pregnancy no defence to indictment for attempt, 596.
nor non-potency of agency, 182, 1831.
indictment must be special, 599.
evidence inferential, 598.
all concerned indictable, 599.
homicide incidental to, 316, 323, 390, 430.

conspiracy to commit, 1364.
ABSENCE, proof of, in bigamy, 1691.
“ ACCELERATING DEATH” is homicide, 155 a.
ACCESSARIES, law of as to attempts, 198, 223.

venue in case of, 287.
Statutory Changes.
Common law recently modified by statutes, 205.



Principal In first degree is actual perpetrator, 206.
presence is not necessary when causal connection is immediate; e.g., when

agent is irresponsible, 207.
accessary before the fact cannot be convicted as principal, 208.
non-resident party may be liable for agent's acts, 209.
wife not ordinarily co-principal with husband, 210.
principals in the second degree are those present aiding and abetting, 211.
mere presence does not involve complicity, 211 a.
capacity to execute not always essential, 211 b.
confederacy must be real, 211 c.
and not mere sympathy, 211 d.
if principal is irresponsible, indictment should not be for aiding and abet-

ting, 212.
confederacy with constructive presence may constitute principal, 213.
but act must result from confederacy, 214.
in duels all are principals, 215.
persons abetting suicide are principals in murder, 216.
persons executing parts of crime separately are principals, 217.
persons outside keeping watch are principals, 218.
an abettor must be near enough to give assistance, 219.
persons confederating for wrongful purpose are chargeable with incidental

felony, 220.
distinction between two degrees only essential when punishment varies, 221.
conviction of principal in the first degree not a condition precedent to trial,

of principal in second degree, 222.
in misdemeanors all are principals, 223.

and so as to treason at common law, 224.
Accessaries before the Fact.

Commanding and counselling constitute accessaryship before the fact, 225.
several instigators may be combined, 225 a.
must be causal connection, 226.
silent acquiescence is not counselling, 227.
countermanded advice does not implicate, 228.
accessary not liable for collateral crime, 229.
relative guilt of accessary and principal, 230.
assistance must be rendered knowingly and really, 231.
detectives not accessaries, 231 a.
may be accessary before the fact to manslaughter, 232.
accessary before the fact need not be originator, 233.
quantity of aid immaterial, 234.
conditions of time immaterial, 235.
grade of guilt not necessarily the same, 236.
conviction of principal no longer a prerequisite, 237.
indictment must particularize offence, 238.


verdict must specify grade, 239
jurisdiction of, 287.

attempts, 240.
Accessaries after the Fact.
An accessary after the fact is one who subsequently assists or comforts the

felon, 241.
knowledge of principal's guilt is essential, 242.
wife is not liable as accessary 243.
conviction of principal primâ facie evidence of guilt, 244.
indictment must be specific, 245.
Principal's Liability for Agent.
Where the agent acts directly under principal's commands, principal lia-

ble, 246.
so when agent is in line of principal's business, 247.

non-resident principal intra-territorially liable, 248.

Misprision of felony is concealment of felony, 249.
ACCIDENT, how far a defence, 169.
ACQUIESCENCE does not constitute counselling (see VOLENTI NON FIT

INJURIA), 227.
when a defence in rape, 558–60, 577.

when defence to an attempt, 189.
ACT, GUILTY, causation of (see CausaL CONNECTION).

responsibility for (see INSANITY).
ADMIRALTY JURISDICTION, limits of, 269-72.
ADMISSIONS, weight of in proving marriage, 1700.
ADULTERATIONS, when indictable at common law, 1120.

ignorance of, no defence, 88.
ADULTERER, guilty of larceny in stealing husband's goods, 917.

homicide of, 459.
ADULTERESS, guilty of larceny in stealing husband's goods, 917.

Ecclesiastical law in this respect part of common law, 1717.
by Roman law adultery is illicit intercourse with married woman, 1718.
by ecclesiastical law it is a sexual violation of the marriage relation, 1719.
in the United States definition varies with local statutes, 1720.
when statute makes “adultery” alone indictable, it includes both sexes,

living in adultery implies continuous living, 1721 a.

Divorce is a defence, 1722.
but not desertion, 1723.
nor want of consent in participant, 1724.



nor local or foreign custom, 1725.
nor “ honest belief” or ignorance, 1726.

nor illusory marriage of defendant, 1727.

Allegation of marriage is essential, 1728.
“ commit adultery” is a sufficient description, 1729.
defendants may be joined, 1730.

scienter unnecessary, 1731.

Marriage must be proved as in bigamy, 1732.
adultery to be inferentially proved, 1733.
confessions admissible, 1734.
paramour as a witness for defence, 1735.

husband and wife not witnesses at common law against each other, 1736.

May be conviction of minor offence, 1737.

one defendant only can be convicted, 1737 a.
Attempts, Solicitations.

Attempt to commit offence indictable, 1738.

when solicitations indictable, 179.
ADVICE, when counselling, 228.
AFFIDAVITS, false, when perjury, 1269.

forgery of, 682.
AFFRAY, when indictable, 1551.
“AFORETHOUGHT,” meaning of, 303.
"AGAINST THE WILL,” meaning of (see RAPE, ROBBERY).
AGENT (see PrincipAL).

When imputing guilt to principal, 247.
larceny by, 960.
embezzlement by, 1049, 1054.

meaning of term, 1053 a.
Bailees, and others appropriating Goods received bonâ fide.
Statute covers cases of trustees or agents fraudulently appropriating goods

received bona fide for principal, 1049.
if case is larceny at common law, prosecution fails, 1050.
officer may be a nomen generalissimum, 1051.
trustee may include treasurer of bank, 1052.
fraud to be inferred from circumstances, 1053.
agents, 1053 a.
copartners and members of common society not agents, 1054.
" bailee” to be used in restricted sense, 1055.
person not capable of contracting may be bailee, 1056.
goods need not have been received from prosecutor, 1057.
conversion must be inconsistent with bailment, 1058.


some act of conversion must be in jurisdiction, 1059.
indictment must conform to statute, 1060.
special conditions of particular statutes must be satisfied, 1061.
at common law, indictment for larceny is not enough, 1062.

evidence inferential, 1062 a.
AGENTS' CRIMES, when imputable to principal, 278–9, 280.

when personally responsible, 94 a.
AGGRAVATED ASSAULTS, enumeration of, 640 a et seq.
ALABAMA, distinctive views as to statutory homicide, 377, note.
ALABAMA CASE, effects of arbitration as to, 1901-5.
ALCOHOL, homicide through negligent administering of, 347.
ALIENABLE RIGHTS, when to be waived, 143.
ALIENS, when indictable for treason, 1806.

when indictable in country of arrest, 281.
ALIENS ABROAD, how far responsible to us, 284.
ALLEGIANCE, meaning of, 1797.

local, when ground of prosecution, 282.
ALLUREMENTS, not attempts, 179.
ALMS-HOUSE KEEPER, may correct inmate, 635.
ALTERATIONS OF DOCUMENT, may be forgery, 676.
AMBASSADORS, privileges of, 282, 1899.
AMENTIA, effect of, 34.
AMERICAN VESSELS, jurisdiction over, 270 et seq.
ANIMAL, malicious mischief to, 1067, 1072, 1082 d.
ANIMALS, when the subject of larceny, 869.

dangerous, homicide through, 357.
ANODYNES, effect of, as a defence, 66.
ANSWERS IN CHANCERY, how proved, 1309.
APARTMENT, burglary in (see BURGLARY).
APOTHECARY, responsible for negligent homicide, 366-8.
APPARENT ATTACK, when a defence, 493, 606.
APPARENT MEANS, when indictable, 183.
APPRENTICE, may be corrected by master, 634.

misconduct to, 1563 et seq.
ARMS, DANGEROUS, when wearing indictable, 1553, 1557.
ARMY, laws governing, 294.
ARREST, homicide during, 402, 414, 429.
ARREST, ILLEGAL, may be resisted, 648.

Burning, what constitutes, 826.
Intent, must be malicious, 829.
to be inferred from facts, 831.

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