Cyclopedia of Criminal Law, Volumen1

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Callaghan, 1922 - 2968 páginas

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Contenido

Form of statutes and requirements as to enactment
38
191
39
748
44
193
53
805
54
621
64
146
75
Right to make contracts
84
The police powerIn general
90
Presumptions and inferences as to specific intent
94
Illustrations
96
CHAPTER 13
98
Express and implied malice
100
Religious freedom
105
751
118
752
123
Voluntary drunkenness in general
129
Homicide casesIn general
135
Misfeasance
141
622
145
F Intention to Make Prohibited Act a Crime
152
CHAPTER 3
169
623
171
755
172
Definition and nature
190
CHAPTER 4
202
Rebuttable presumption of incapacity
212
Time of insanity periodical insanity
219
Meaning of rule
226
273
234
Insane irresistible impulse
237
276
237
Moral and emotional insanity
237
Somnambulism and somnolentia
242
238
253
In general
258
282
266
CHAPTER 5
276
Intent
293
Different counties
295
As a substantive offense
299
Assault and assault and battery
301
Effect of failure to prove defense
303
Embezzlement
307
313 Act in one country state or county taking effect in another
313
Nuisance
319
284
322
In general
328
Amenability of federal employees to state statutes
330
Army and navy
336
364
337
Offenses against national banks
342
560
353
General principles
356
Conspiracy
363
Miscarriage or abortion
367
Death of mother or child
368
Intent knowledge malice
369
Concealment of perpetrator or of fact of crime
370
Necessity to save life
371
Parties responsibleIn general
372
Responsibility of woman
373
Advising or procuring commission of offense 625 625 626 628
374
CHAPTER 11
375
Grade and degrees of offense
376
The property burnedDwelling house
377
Invalid indictment or complaint amendment substitution con
378
Other structures made the subject of arson
379
Occupancy
380
Value
381
382 OwnershipBurning ones own buildings
382
Husband and wife
383
Occupant regarded as owner
384
The burningIn general
385
Extent of right and forfeiture thereof
386
Time
387
Intent and maliceIn general
388
Burning jail in order to escape
389
Setting fire to one building and burning another 391 Burning for purpose of defrauding insurance company
391
As dependent upon testimony given
394
INCONSISTENT DEFENSES
400
Illustrations
402
Statutory offenses
405
Homicide
406
181
408
Statutes abolishing commonlaw distinctions
409
645
410
Who may be aiders and abettors or accessaries
411
PRINCIPALS 225 In general
414
Principals in the first degreeIn general
415
Commission of offense by innocent agent
416
Principals in the second degree aiders and abettorsIn general
418
Presence when offense is committedIn general
419
646
423
299
424
Necessity for and sufficiency of participationIn general 232 Meaning of aid and abet
425
Presence acquiescence
427
Necessity for preconcert
429
IntentIn general
430
Specific intent
432
ACCESSARIES 237 In general
433
Accessaries before the factIn general
434
Commission of the felony
435
Absence when offense committed
436
242 Intent
438
Accessaries after the factIn general
439
Who may be accessaries after the fact
440
Commission of the felony
441
Knowledge of commission of felony
442
The relief or assistanceIn general
443
Receiving stolen goods
446
COUNTFRMAND OR WITHDRAWAL 250 In general
447
PROSECUTION AND PUNISHMENT
448
Accusing or threats to accuse of crime
449
AccessariesIndictment
450
Truth of accusation
451
အ 253 Guilt of principal
452
Intent and malice
453
Obtaining or attempting to obtain money or property
454
Trial before conviction of principalIn general
455
761
483
563
484
652
487
Responsibility of officers or agents of corporations
489
Conspiracy to do what it would be lawful for individual to
490
CHAPTER 6
496
Selling articles in violation of lawIn general
497
764
506
Jurisdiction over foreignersIn general
511
587
517
654
535
930
551
57
556
589
560
Conflict between state and federal statutes
569
Knowledge and intent
582
CHAPTER 12
584
Illustrations
590
Consent
601
ASSAULTS AND ASSAULT AND BATTERY I NATURE AND FLEMENTS OF THE OFFENSE 661
602
Prostitution
609
662
623
668
634
BURGLARY 767
635
770
638
172
641
Definitions of assault 393 Acts constituting an assaultIn general 394 Pointing or drawing weapons etc 8 395 Definitions and nature of battery 396 ...
660
DEFENSES
661
Negligence
679
Conditional offer of violence
681
Ability to commit a battery
682
Degrees
687
Assaults with intent to commit some other offense 408 Assaults with intent to kill or murderIn general
688
Intent
689
Whether killing would have been murder 92
692
Battery use of weapons etc
694
Assault with intent to commit rape
695
Assault with intent to rob 00 598
698
Assault with intent to commit crime against nature 699 414 Assault with intent to commit crime against nature 415 Assault with deadly or dangerous...
702
Particular weapons
703
779
704
As affected by distance or condition of weapon 105
705
Assault with intent to do great bodily harm etc
706
Assaults by or upon particular person
709
Assaults in particular places
710
Ability to commit intended crimeIn general 112
712
Physical or mental incapacity
714
Injury to person not intended
715
781
716
WoundingIn general 11
717
Malice and intent
719
JUSTIFICATION
720
Corporal punishment
723
SelfdefenseIn general
725
Person provoking or bringing on difficultyIn general
727
Acts constituting aggression or provocation
729
Duty to retreat
730
Resisting arrest
731
Defense of others
734
Defense of propertyIn general 35
735
784
736
Ejecting trespassers
738
Recovery of possession 1130
739
As against officers of the law
741
Abusive threatening or insulting language or gestur S
742
Adultery with or insult to wife or relative
744
Effect of consentIn general
745
Consent induced by fraud
746
Domestic authority
752
Definition and elements
767
Character of the premisesDwelling house
769
Outhouses within the curtilage
771
Shops stores
772
Statutory provisions
773
243
775
Ownership of the premises
776
The breakingNecessity for breaking
778
What constitutes a breaking
779
Particular acts
781
Breaking inner doors
784
Constructive breakingIn general 468 Entry by artifice or fraud
785
Entry by intimidation 470 Opening of door by inmate 471 Entry through chimney
786
Entry without breaking and breaking
787
Entry by one having a right to enter
788
Occupants consent to the entry 475 The entry
789
Time of breaking and entry
791
IntentIn general
793
Time
796
Intent inferred from circumstances
797
Commission of intended offense
799
Conspiracy to commit crimeIn general
804
In general
827
Conspiracy to commit an offense against the United States
829
Conspiracy to defraud the United States
837
Possession of burglars tools 786 786 786
839
788
842
Conspiracy to prevent free exercise of rights secured by Federal Con
847
CHAPTER 16
853
Estoppel
854
947
860
Ownership
861
10
869
790
873
Bailees
875
797
879
Agents
883
Public officers employees
889
Where relation is that of debtor and creditorIn general
896
Receipt by virtue of employment
903
799
908
800
912
Necessity for demand
916
Injury
940
THE COMMON
941
78
980
Power to punish
990
OFFENSES AGAINST THE LAW OF NATIONS
991
Instruments within the statutes
996
Issuing checks etc intended to circulate as money
1002
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Página 225 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Página 486 - When any offense against the United States is begun in one judicial district and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein.
Página 237 - ... to be considered by the jury, In connection with all the other evidence. In...
Página 111 - By an ex post facto law is meant one which imposes a punishment for an act which was not punishable at the time it was committed ; or imposes additional punishment to that then prescribed...
Página 788 - Without attempting to review and reconcile all the cases, we are of opinion that, as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.
Página 543 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
Página 142 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the Court, which is to define a crime and ordain its punishment.
Página 5 - Wrongs are divisible into two sorts or species: private wrongs and public wrongs. The former are an infringement or privation of the private or civil rights belonging to individuals, considered as individuals; and are thereupon frequently termed civil injiiries : the latter are a breach and violation of public rights and duties, which affect the whole community, considered as a community ; and are distinguished by the harsher appellation of crimes and misdeí
Página 6 - The question whether a statute of one State, which in some aspects may be called penal, is a penal law in the international sense, so that it cannot be enforced in the courts of another State, depends upon the question whether its purpose is to punish an offence against the public justice of the State, or to afford a private remedy to a person injured by the wrongful act.
Página 86 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...

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