INDEX.

ACCESSARY. Case of,

324

Evidence against,

-328

AFFRAY. No excuse in murder when violent, and the

weapon an axe,

242

AIDING and ABETTING, &c. in the robbery of the

mail,

315

Evidence in a case of,

328

APPRENTICES. Is the business of an equestrian so
far as it relates to an apprentice contra bonos mores
or not?

ARRAIGNMENT,

ATTORNEY and COUNSELLOR. Case of one strick-

en from the roll,

Will be stricken off for acts that would have prevented

159

304, 305

SEL

344

347

620

247

181-428

his admission,

BANK BILLS, not money,

BLAKE. His argument in a case of murder,
BUCKINGHAM'S cases of libel,

BURGLARY. Cannot be inferred by finding stolen prop-
erty in possession of the accused, although larceny

COLDEN, Mayor. His decision in Scholtz's case,
COMMISSION, Foreign. Allowed to be given in evi-

dence, and for what purpose,

CONFESSION OF PRISONERS. Practice of justices

of the peace to take, in Pennsylvania,

Private individuals have no authority to take them,

Induced by saying, "if you do not tell all you know

ib.

ib.

617

546

150

632

about the business, you will be put in the dark room
and hanged," cannot be given in evidence,

Other cases,

See examination.

CONSPIRACY. Form of indictment in,

469

ib.

141, 2

143

Letters not containing any direct proof of conspiracy
may be read before the conspiracy is proved,
Must be established by proving certain acts which oc-
curred previous, subsequent, or while it was carrying
on after a proper foundation has been laid, seconda-
ry evidence may be introduced, even in furtherance
of the charge, though not laid in the indictment,
Overt act in, laid in the county of Berks, delivery of
goods may be proved in the county of Philadelphia, 148
Evidence may be admitted of other acts indicative of
criminal collusion with other persons to show the
quo animo,

147

256

The examination of a prisoner implicating others,
cannot be read,

257, 8

Case of the journeyman cordwainers,

262

Form of indictment in the case of,

263, 4

One conspiracy cannot justify another,

269

Sketches of Mason's, Sampson's, Colden's, Griffin's,

and Emmet's speeches in the cordwainers' case, 271-279
Charge of the court in,

The gist of, is the unlawful confederacy,

279-282

279

Journeymen confederating and refusing to work, may
be convicted of,--the offence consists in the con-
spiracy, and not in the refusal,

COUNSEL. No law requiring their presence at the ex-
amination of a prisoner. (Johnson's case.)

361

CONSUL GENERAL Not protected by the law of
nations on indictment for a rape,

623

COURTS. Their power to decide constitutional questions, 23
Their duty to declare the law to the jury,

479

Of the U. S. and of the states, their jurisdiction, 594—647
DEFENDANTS. When must be joined in indictment,

When may be tried severally,

DISTURBANCE. Of religous worship, cases of,
By contradicting a minister in the execution

office,
Blasphemies, libels, slander, &c. against religion,

519, 20
ib.

135.6-8, 9

of his

239

239

Disturbing divine service is indictable at common law,
notwithstanding the statute (1 R. L. 195, N. Y.) de-
clares the penalty and points out the remedy,
Levy's case of,

DUELLING.

Barker's case of,

DYING DECLARATIONS may be given in evidence
when made under a full belief the party will not
survive,

136

246

19

398, 9

Quere, may they when there is a faint hope of recovery, 398

EXAMINATION OF PRISONERS. Magistrate or
clerk must prove it, (when objected to)
Practice in relation to, in the court of sessions,
Should not the examination be read in all cases when
the prisoner requests it?

Taken for the benefit of the prisoner,
Magistrate compelled to take it,

On a charge of murder, it is no objection to reading
the examination of prisoner (who denies it to be free
and voluntary at his trial,) that he was taken out of
prison to the dead body of the person he was char-
ged to have murdered, and was requested by the
officer to touch it,

Parol evidence of facts disclosed by third persons, in
the presence of the prisoner, and assented to by him,
cannot be given in evidence, if it appears that the
prisoner was at the time under the examination,
EVIDENCE-On indictment for rape,

241

241

241

241
241

378

377

143-152

Allowed to be given of the name of a firm, after the
counsel had summed up,

Allowed to be given in a case of murder, of the colour
of a bastard child, after the counsel had summed up,
The conviction of a person of a crime in the circuit
court of the United States, is the most conclusive evi-
dence against the accessory that such a crime was
committed,

ENLISTMENT, under the act of congress March 16,

1812,

FALSE PRETENCES.

254

255

328

541

161

Where a defendant falsely stated that he was a grocer,
and that he resided at a particular place, and there-
by obtained goods, held a false pretence, under the
statute, and not a mere naked falsehood.
The question whether a pretence was such an one as
might have been guarded against by ordinary pru-
dence, is a question exclusively for the jury,
But when it is manifestly such as could not by possi
bility deceive a man of common sagacity, in which
latter case (semb.) the court will arrest the judgment, 161
VOL. II.

80

161

The false pretence set forth in the indictment, must be
the sole inducement to the parting with the goods, 161
If it appears that any act or declaration of the pris-
oner, forming part of the res gesta, and not set out in
the indictment, formed part of the indictment, the
prisoner is entitled to an acquittal,

161

161

Mere accidental circumstances, however, not forming
part of the res gesta, need not be set forth,
Statute of, has a very extensive application, and em-
braces a variety of false pretences, not punishable
at common law,

178

Cannot consist in show or appearance,

178

Must be made before the property is delivered,

178

Must be of an existing fact,

178

Must not be so absurd and irrational, that no man of
common sense would believe it to be true,

179

The false pretence must be the sole inducement for
parting with the goods,

180

Dress, style, appearance, &c. although they may facil-
itate fraud, need not be set forth in the indictment, 180
Should when they form part of the res gesta,
Fitting out and arming vessels,

Vessel must be armed as well as fitted out.

180

234, 235

FIRES. Construction of the act in relation to, in New

York,

Any material alteration in a building; any considera-
ble augmentation of it, so as to enlarge its dimen-
sions laterally, or on its sides, is within the act,
FUGITIVES from justice,

Opinion of eminent writers on the law of nations, in
relation to delivering up,
3, 4, 5-13, 14
Reasons why fugitives should not be delivered up, 11, 12
Laws of the United States in relation to, exclusive of
state laws as to the objects they embrace,

GOOD BEHAVIOUR. Recognizance of, should not be
demanded on a charge of a libel, before conviction,
When is part of the judgment,

Cases where it has or has not been demanded,
Graham, Dr. His speech in Ward's case,

GUARDIAN. The father's right to his children, whether
it results from guardianship by nature or nurture
cannot now be brought into question,

Custody of the infant is for his own benefit,

594

533

534

535

129

522

523

Rights of, depend upon the municipal laws of a state, 523
Guardian or parent cannot compel him to enlist in the

army or navy,

524