Cyclopedia of Criminal Law, Volumen1

Portada
Callaghan, 1922 - 2968 páginas

Dentro del libro

Páginas seleccionadas

Contenido

FeloniesAt common law
15
Constitutional and statutory provisions in general
16
Punishment or possible punishment
18
Misdemeanors
23
Infamous crimes
24
Crimes mala in se and mala prohibita
26
Same act may constitute several offenses
28
Merger of offenses
29
Power of territorial legislatures
30
CHAPTER 2
36
Illustrations
37
In general 886
38
Estoppel
40
THE COMMON LAW 19 Definition nature and sources
41
Recognition and adoption in the United States
43
Offenses against the federal government and in territory subject to its jurisdiction
45
Abolition of the common law
46
Acts and omissions prohibited and punished
47
445
59
Delegation of power to make rules and regulations or to grant permits
62
402
63
Strict construction
66
Constitutional Limitations
69
Construction of statutes together
72
Uniform operation of general laws
77
Due process of
83
The police powerIn general
90
Presumptions and inferences as to specific intent
94
OFFENSES AGAINST MORALITY AND DECENCY
98
Classification
103
Ex post facto lawsIn general
109
221
118
57
125
Voluntary drunkenness in general
129
PAGE
135
222
143
Preamble and title of
146
133
151
F Intention to Make Prohibited Act a Crime
152
Of the common
162
Repeal of repealing
168
MaliceIn general
169
Definition and nature
190
102
198
Intent formed before becoming drunk
202
Presumption of coercion and rebuttal thereof
204
161
205
INFANTS
210
168
211
111
216
169
219
121
222
Statutes abolishing commonlaw distinctions
223
Insane irresistible impulse
232
176
237
177
237
179
237
Dementia præcox
238
181
240
Drunkenness may negative specific intent or knowledgeIn general
249
136
255
In general
258
Use of drugs
262
Misfeasance
268
152
276
Offenses on or near county line
290
Intent
293
CHAPTER 6
302
Effect of change in statutory period
303
173
315
Negligence
321
PENDENCY OF OR RECOVERY IN A CIVIL ACTION
328
Police power
329
186 Settlement and condonation
334
Commerce with Indians
335
Instigation
341
PRINCIPALS
346
Miscarriage or abortion
367
Death of mother or child
368
Intent knowledge malice
369
Consent of woman
370
Necessity to save life
371
Parties responsibleIn general
372
Responsibility of woman
373
When prosecution is deemed commencedIn general
374
Waiver and estoppel
381
In general
382
Statutory immunity of persons giving selfincriminating testimony
388
621
390
622
392
COUNTERMAND OR WITHDRAWAL
447
254
455
RESPONSIBILITY AS RESULT OF PARTICULAR RELATIONSHIPS
475
266
483
Responsibility of officers or agents of corporations
489
Conspiracy to do what it would be lawful for individual to
490
CHAPTER 8
496
Other illustrations
497
623
498
400
500
625
502
285
512
Property owned by the accused or in which he has an interestIn
515
CHAPTER 9
526
Dueling
535
False pretenses and cheats
541
Gaming
547
Intent to pay or secure debt
549
516
553
316
555
Receiving stolen property
562
Conflict between state and federal statutes
569
Knowledge and intent
582
CHAPTER 18
584
COUNTERFEITING
589
General considerations
593
402
595
349
600
CHAPTER 10
612
365
618
ARSON 375 Definition and nature 376 Grade and degrees of offense 377 The property burnedDwelling house Other structures made the subject o...
632
403
633
PAGE
637
CHAPTER 12
660
Definitions and nature of battery
668
Acts amounting to a battery or assault and batteryIn general
669
398 Particular acts
670
Indirect injuries
671
IntentIn general
672
400
674
Unintentional injury in doing unlawful act 632
677
Assault with intent to commit rape
696
416
702
Assaults by or upon particular person
709
Injury to person not intended
715
635
722
637
723
437
738
Adultery with or insult to wife or relative
744
Persons incapable of consenting
748
Accusing or threats to accuse of crime
755
Intent and malice
761
CHAPTER 14
767
472
787
IntentIn general
793
Commission of intended offense
799
The conspiracy or agreementNecessity for agreement
804
640
806
645
808
Overt actNecessity for overt
813
Criminality of object
820
648
822
650
828
651
829
654
830
Conspiracy to defraud the United States
837
Conspiracies to injure trade or commerce or in restraint of trade
845
656
847
Effect of withdrawal
851
517
853
662
856
Ownership
861
THE SUBJECT OF EMBEZZLEMENT
869
Bailees
875
Agents
883
Public officers employees
889
666
895
Receipt by virtue of office
901
668
907
VI
908
542
914
669
917
Series of acts
921
Definitions and scope of subdivision
941
858
947
672
965
677
969
General or particular intent
977
OFFENSES AGAINST THE LAW OF NATIONS
991
Derechos de autor

Otras ediciones - Ver todas

Términos y frases comunes

Pasajes populares

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 780 - 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,...

Información bibliográfica