Yepperson v. State, 39 Tex. 48 Ye Wan, Territory v. 2 Montana, 488 1467 268 Zabriskie v. State, 43 N. J. L. Zchocke v. People, 62 Ill. 127 965, 15 a 1063 238, 444, Yonowski v. State, 79 Ind. 393 1491, 1493 1431 a 522, 648 532 York, Com. v. 9 Met. 93 455 R. v. 3 Cox C. C. 181; 1 Den. C. C. 335; 2 C. & K. 841 845, 906, 909 State v. 5 Harring. 493 885, 899 State v. 70 N. C. 66 1546 Young, Com. v. 15 Grat. 664 1512b Com. v. 33 Grat. 827 1499 Com. v. 9 Gray, 5 1019, 1020, 1022 493, 501, 502, 503 Zenobio r. Axtell, 6 T. R. 162 1656 Zephon, Com. v. MS. Phil. 1844 381 Zink v. People, 77 N. Y. 414; 6 Abb. New Cas. 413 914, 971, 1135 Zook v. State, 47 Ind. 463 1466 Zug v. Com., 70 Penn. St. 138 1477 Zumhoff v. State, 4 Greene (Iowa), 526 1530 Zeiger, People v. 6 Parker C. R. 88, 1505 INDEX. [THE FIGURES REFER TO THE SECTIONS.] ABANDONMENT, when a defence to attempt, 1865. ABANDONMENT OF DEPENDENTS, 1563 et seq. (see MISCONDUCT ABATEMENT OF NUISANCE, 97, 1426, 1498 b. ABDUCTION AND KIDNAPPING. 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. when with consent of girl abducted, 1756, 1765. ABORTION. 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. ABUSING FEMALE CHILDREN (see RAPE, SEDUCTION). "ACCELERATING DEATH" is homicide, 155 a. ACCESSARIES, law of as to attempts, 198, 223. venue in case of, 287. ACCESSARYSHIP. Statutory Changes. Common law recently modified by statutes, 205. ACCESSARYSHIP-(continued). Principals. Principal In first degree is actual perpetrator, 206. e. g., when presence is not necessary when causal connection is immediate; e. 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. and not mere sympathy, 211 d. if principal is irresponsible, indictment should not be for aiding and abet- confederacy with constructive presence may constitute principal, 213. 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 distinction between two degrees only essential when punishment varies, 221. in misdemeanors all are principals, 223. Accessaries before the Fact. Commanding and counselling constitute accessaryship before the fact, 225. must be causal connection, 226. silent acquiescence is not counselling, 227. countermanded advice does not implicate, 228. 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, 287. ACCESSARYSHIP-(continued). verdict must specify grade, 239 attempts, 240. Accessaries after the Fact. An accessary after the fact is one who subsequently assists or comforts the 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- 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. ACCOMPLICE (see ACCESSARY, DECOY). ACQUIESCENCE does not constitute counselling (see VOLENTI NON FIT INJURIA), 227. when a defence in rape, 558-60, 577. ACT, GUILTY, causation of (see CAUSAL CONNECTION). responsibility for (see INSANITY). ADMIRALTY JURISDICTION, limits of, 269-72. ADULTERER, guilty of larceny in stealing husband's goods, 917. ADULTERESS, guilty of larceny in stealing husband's goods, 917. Definition. Ecclesiastical law in this respect part of common law, 1717. by Roman law adultery is illicit intercourse with married woman, 1718. when statute makes "adultery" alone indictable, it includes both sexes, 1721. living in adultery implies continuous living, 1721 a. Defences. Divorce is a defence, 1722. but not desertion, 1723. nor want of consent in participant, 1724. |