ADULTERY-(continued).

nor local or foreign custom, 1725..
nor "honest belief" or ignorance, 1726.
nor illusory marriage of defendant, 1727.
Indictment.

Allegation of marriage is essential, 1728.

"commit adultery" is a sufficient description, 1729.

defendants may be joined, 1730.

scienter unnecessary, 1731.

Evidence.

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.
Verdict.

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).

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.

AGENTS-(continued).

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.

ALTERNATIVE MALICE, 111.

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.

ANIMUS FURANDI (see LARCENY).

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.

ARDENT SPIRITS (see INTOXICATING LIQUors).

ARMS, DANGEROUS, when wearing indictable, 1553, 1557.
ARMY, laws governing, 294.

ARREST, homicide during, 402, 414, 429.

ARREST, ILLEGAL, may be resisted, 648.
ARSON.

Burning, what constitutes, 826.
Intent, must be malicious, 829.

to be inferred from facts, 831.

ARSON-(continued).

Property burned, 833.

includes house and contiguous warehouse, 833.
barn, 834.

but not deserted or unfinished dwelling, 835.
Ownership, 836.

Indictment, 839.

Burning, with intent to defraud insurers, 848, 1894.
Attempts, 844.

ARTISTIC CRITICISM, when indictable, 1640.
ASPORTATION (see LARCENY), 928, 930.

ASSAULT.

An assault is an apparent violent attempt to do hurt to another, 603.
there must be some movement towards physical violence, 604.

frustration no defence, 605.

apparent ability to hurt sufficient, 606.

conditional threat of force may be an assault, 607.

assault on a mass of people is assault on the individuals, 608.

intent not necessary, 608 a.

assault may be inferred from facts, 609.

administering poison may be an assault, 610.

violence provocative of a breach of the peace may be an assault, 611.
and so of injurious physical attempts on persons ignorant of act, 612.
wrongful abuses of authority may be assaults, 613.

apparent effect must be injurious, 614.

no defence that act was secret, 615.

all concerned are principals, 616.

any tactual application of force is a battery, 617.
Defence.

Pendency of civil prosecution no defence, 618.
nor are words of provocation, 619.

otherwise as to misadventure and casus, 620.

attacks on property may be forcibly repelled, 621.
intruders may be expelled from depot or other grounds, 622.
passenger disobeying rules may be expelled from car, 623.
persons refusing to leave may be expelled from house, 624.

inn-keeper has this right as to visitors, 625.

and so has person controlling cemetery, 626.
agent may eject trespassers, 627.

prior assault a defence, 628.

defence of relative is in like manner justifiable, 629.

exercise of legal right is no sufficient provocation, 630.

peace and other officers may use force, 630 a.
parents have right of proper correction, 631.
and so have school-masters, 632.

husband at common law may coerce wife, 633.

ASSAULT-(continued).

so of master as to servant, and so as to officer of justice, 634.

alms and poor-house keepers may restrain inmate, 635.

assent a defence, 636.

Indictment and Verdict.

Enough to aver assault on designated party, 637.

all concerned are principals, 638.

when double blow is given both parties struck may be joined, 639.
battery may be discharged as surplusage, 640.

Assaults with Felonious Intent.

Classified by statute, 640 a.

intent to kill essential to indictments for assaults with intent to murder, 641.
defendant may

641 a.

be convicted of minor offence, but not in cases of merger,

there must be apparent ability to consummate attempt, 642.

touching not necessary to offence, 643.

in indictment particularity of specification is not required, 644.
right of self-defence same as in homicide, 645.

indictment must conform to statute, 645 a.

offence a misdemeanor and divisible, 645 b.
all parties indictable, 645 c.

Assaults with Dangerous Weapons.

Made indictable by statute, 645 d.

Assaults on Officers when in Execution of Duty.

Illegal official action may be forcibly resisted, 646.

oppressed party in such case not confined to a resort to law, 647.
to justify arrest process must be legal, and must be notified, 648.
ignorance a defence to indictment for resistance, 649.
indictment need not set forth process in detail, 650.

municipal and police officers under same sanctions, 651.
and so of officers charged with process, 652.
officers are entitled to call in aid, 652 a.

Assault in other Relations.

when a defence to homicide, 456, 472.

conspiracy to commit, 1354.

with intent to ravish, 576.

on foreign ministers, 1899.

on crew, 1871 et seq.

ASSEMBLY, unlawful, when indictable, 1535.

ASSENT, a defence to assault, 636.

when a defence in other cases, 141 et seq. (see CONSENT).
ASSIGNEE, larceny by (see LARCENY), 971.

ASSIGNMENTS, fraudulent, 1240.

ASSISTANCE, effect of, in committing crime, 211.

responsibility for (see ACCESSARY), 231.

ATHLETIC SPORTS.

Prize-fighters liable for manslaughter in cases of non-malicious killing, 371.

and so of participants in unlawful sports, 372.

but not so in lawful athletic sports, 373.

in practical jokes responsibility attaches, 373 a.
ATTEMPTS.

Offence Generally.

An attempt is an unfinished crime indictable at common law, 173.

mere words do not constitute an attempt, 174.

not an offence to attempt to commit a non-indictable offence; attempts to
commit suicide when indictable, 175.

attempt at negligence not indictable; intent is necessary to offence, 176.
and so of attempts at police offences, 177.

attempt must have causal relation with act, 178.

solicitations not indictable, 179.

mere preparations not indictable as attempts, 180.

the attempt must have gone so far that the crime would have been com-
pleted but for extraneous intervention, 181.

means must be apparently suitable, 182.

if means are apparently and absolutely unfit, there can be no attempt,
183.

must be apparent physical capacity, 184.

need not be capability of success, 185.
must be probable object within reach, 186.

abandoned attempts not indictable, 187.

where attempt is resisted, it may be independently tried, though consum-
mation is yielded to, 188.

acquiescence through fraud or incapacity no bar, 189.

Indictment.

In indictments for attempts the laxity permitted in assaults will not be
maintained, 190.

nor do statutory rulings affect question at common law, 191.

indictment must aver circumstances of attempt, 192.

cumulation of facts not duplicity, 193.

Jurisdiction.

Attempts cognizable in place of consummation, 195.

Evidence.

Intent to be inferred from facts, 196.

adaptation makes a primâ facie case, 197.

Principals and Accessaries.

All confederates are principals, 198.

Verdict.

At common law no conviction of attempt on indictment for consummated
crime, 199.

Punishment.

Punishment should be less than that of consummated crime, 200.