A Treatise on Criminal Law and Procedure

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Bobbs-Merrill, 1919 - 764 стор.

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1
28
CONDITIONS OF CRIMINALITY 35 Conditions of criminality
29
Under seven years 41 Between seven and fourteen years
30
Effect of command of parent to do the act 43 Physical incapacity to commit rape
32
Over fourteen years of age 45 Infants liability for counterfeiting forgery false pretenses and cheating 46 Infants liability for bastardy 47 Infants lia...
33
MENTAL CAPACITY 55 InsanityDefinition 56 Classification of insanity 57 Idiocy 58 ImbecilityDebilityStupidity 59 ManiaIntellectMonomania 60 ...
34
Emotional insanityMoral insanity
36
Tests of criminal responsibility 63 The child test 64 The wild beast test
37
Test of right and wrong in the abstract 66 Test of right and wrong as to the particular
38
Power of control test
40
Reasons for rule as to intoxication 77 Intoxication does not aggravate offense
46
Exceptions to rule as to intoxication
47
Effect of delirium tremens 80 Effect of insanity produced by excessive use of morphine or cocaine
48
Drunkenness may negative commission of the act 82 Murder in first degree committed by intoxicated personMan slaughter
49
The rule as to intoxication in Illinois 84 Intoxication of insane person
51
Involuntary intoxication
52
Corporations
53
CHAPTER VI ACT MUST BE VOLUNTARY 90 Classes of cases in which question of compulsion arises 91 Coercion of husband 92 Subordinate co...
54
Actual duress by persons without authority
59
Actual duress of necessity in other cases
61
Inability to perform a legal duty 1 1 11
62
CRIMINAL INTENT 100 The general rule 101 Exceptions to the general rule 102 Criminal negligence 103 Criminal intent implied 104 Criminal i...
64
Criminal intent usually transferable
68
Criminal liability for unintended result
69
Section Page 112 Advice of attorney 1
74
Religious belief
75
Mistake of fact
75
Mistake in reference to statutory crimes
78
Mistake in bigamy and adultery 1
84
Bishops view of mistake of fact
86
The better view of mistake as defenseThe weight of authority 119 Distinction between mistake of law and mistake of fact
87
THE OVERT ACT 125 In general
89
Mere possession 1
90
Mere preparation to commit a crime
91
Solicitation to commit a crimeIn general 1
92
SolicitationWhartons view 132 Solicitation to commit a felony
93
Solicitation to commit a misdemeanor
95
Attempts to commit crimesIn general
97
AttemptDefinitionEssential elements 136 AttemptThe intent
98
AttemptThe act doneA different question
100
AttemptWhartons view criticized 1
101
AttemptActs which have been held sufficient to constitute crim inal attempts
103
AttemptActs which have been held insufficient to constitute criminal attempts
107
MaliceDefinitionClassification
109
Malice aforethoughtDefinition
110
Ignorance or mistake of law
111
Felony versus misdemeanorDoctrine of merger at common law
113
Felony versus misdemeanorThe modern doctrine Commonlaw rule abrogated
115
Crimes of equal grade do not merge 152 Rule where one act includes two or more crimes
116
PARTIES TO CRIMES Page
118
Principal in the first degreeDefinition 162 Animate innocent agent as principal
119
Principle of constructive presence based upon necessity 164 Moral innocence of agent not the test in first degree 165 Principal and innocent agent in...
120
Separate acts pursuant to common design as test of principal in first degree
121
Principal in the second degreeDefinition 168 Essential elements of principal in second degree 169 The first condition of principal in second degree
122
The second condition of principal in second degree
123
The third condition of principal in second degree 172 Practical distinction between principal in first degree and principal in second degree immateria...
124
Accessory before the factDefinition 175 Essential elements of accessory before the fact 176 First condition of accessory before the fact
125
Second condition of accessory before the fact 178 Third condition of accessory before the fact
126
Accessory after the factDefinition 180 Essential elements of accessory after the fact 181 First condition of accessory after the fact 182 Second condit...
127
Third condition of accessory after the fact
128
Basis of criminal liability of accessory after the fact 185 Parties incapable of being accessories after the fact
129
Distinction between principals and accessories before the fact abolished
130
Order of trial of accessory before the factRule at common law Rule by statute
131
AccomplicesDefinitionCriminal liability
132
AccomplicesAct done must be the natural and probable conse quence of the conspiracy
133
Principal and agent 1
134
Title
139
Conspiracy
143
130
148
11
153
Classification
160
Mere words or gestures insufficient
163
Mere preparation insufficient 235 Menacing acts accompanied by conditional threats
164
Classification of assaults 165 237 The aggravated assaults 238 Assault with intent to murder
165
Adaptation of act done and means employed to accomplish purpose
166
Proof that death of victim would have been murder essential but not sufficient 241 Assault with intent to commit manslaughter
167
Assault with intent to kill
168
Assault with intent to rob
169
Assault with intent to rape 245 Transferability of the criminal intent
170
Assault with intent to do grievous bodily harm
171
Assault with a deadly weapon
172
What is a deadly weapon?
173
Conspiracy to perpetrate a fraud
180
Conspiracy to slander or extort money from another
190
Conspiracy to obstruct or pervert public justice
191
Labor combinations 282 English statutes
192
Combinations to force other employes to quit work 284 BoycottingDefinitionOrigin of term
194
Legality of act depends upon means employed
195
PicketingInjunction
197
Combination to raise prices
199
FALSE IMPRISONMENT 290 Definition 291 A battery not essential
201
Submission against the will essential 293 IntentMaliceMotive 294 Place of imprisonment immaterial
202
Mode of detention immaterial 296 Detention must be unlawful 297 Restraint by parent or teacher
203
Abuse of authority by officer 299 Nature of the offense 1 11
204
HOMICIDE 305 Homicide in generalDefinition 306 ClassificationDefinition
206
Justifiable homicideDefinition 308 Justifiable homicideExecution by sheriff
207
Killing felon to effect arrest or prevent escape
208
Killing to quell riot
209
Killing to prevent felony
210
Excusable homicideDefinitionClassification 313 Excusable homicideHomicide by misadventure
211
134
212
Homicide in justifiable selfdefense 316 Scope of the necessity for the killing 317 Retreat unnecessary 318 Homicide in excusable selfdefense
214
The danger must be imminent
215
Facts admissible to prove danger imminent 321 EvidenceRight of attack in selfdefense 322 EvidenceActual danger not essential
216
EvidenceGrounds of apprehension must be reasonable
217
Page
220
Felonious homicideDefinitionClassification
222
KIDNAPPING 330 Definition 331 Transportation to a foreign country not essential 332 Physical force not essential 333 Age and consent of person t...
224
11
225
Intent to carry away from residence
227
Unlawful arrest 337 Persons not liable 338 The indictment or information
228
A misdemeanor at common law 11
229
MANSLAUGHTER 342 DefinitionClassification 343 Voluntary manslaughter
230
Nature and requisites of of voluntary manslaughter 345 Intention to kill must be present 346 Malice aforethought must be absent
232
Adequate provocation essential
233
Malice implied when acts barbarous
234
Nature and scope of thc emotion engendered 350 Coexistence of passion and malice
235
Passion or state of mind must emanate from the provocation 352 Provocation of illegal arrest
236
Illegal arrestNot a justificationAn exception 354 Illegal arrestWhen the killing constitutes murder
237
Illegal arrestThe slayer a felon 356 Illegal arrestThe slayer a third party
238
Homicide which results from mutual combat
239
Homicide which results from husbands knowledge of wifes adul tery
240
AdulteryReasonable belief of wifes guilt sufficient
241
Illicit intercourse with slayers sister or daughter 361 Insulting words and gestures
242
Trespass upon property insufficient provocation
243
Homicide resulting from a duel
244
Homicide arising from an act which is merely malum prohibitum
248
Assault and battery
249
Taking indecent liberties with women
250
Mere familiarity not a crime
251
Consent obtained by fraud
252
Taking indecent liberties with childrenIllinois statute
253
The force can be applied indirectly
254
Administering poison or other deleterious drugs
255
Striking a substance attached to a person
256
Setting a dog on a person
257
Striking anothers horse
258
Exposing a helpless person to the inclemency of the weather 1 CHAPTER XV CONSPIRACY 1
259
1
260
Definition
265
Gist of the offense
266
Contemplated crime one of which concert conspirators is a con stituent part
267
Third party implicated
268
When the unlawful agreement is of itself a crime
269
Whartons view
270
Mode of making the agreement
271
Nature of the purpose involved Historical development of the term
272
Murder in the second degree
273
Conspiracy to commit a crime
274
Conspiracy to commit an immoral
275
Conspiracy to commit a mere civil wrongIn general
276
Conspiracy to commit a civil trespass
277
Fraudulently represents marriage ceremony legal 430 Man fraudulently personates the womans husband
278
Woman insane or idiotic
279
Clevengers view
280
Certain English statutes not applicable
290
TITLE THREE
300
Section Page 478 The entry
309
Dwellinghouses
310
The representation must be knowingly false and made with fraud ulent intent
327
The representation must be calculated to deceive and defraud and actually do so
330
EMBEZZLEMENT 1 Section 505 Definition 506 A statutory offense 507 Origin of the English statute 508 American statutes 509 Scope of the statut...
335
Intent or offer to return property 513 Ownership of the property in another
341
Money paid or property delivered by mistake
343
FORGERY 516 Definition and essentials 517 Nature of the instrument 518 Imitating anothers trademark or label
344
Fraudulently assuming authority to sign anothers name 520 Fraudulently obtaining anothers signature to a document
347
Fraudulently filling in blanks 522 Fraudulently signing a false name
348
Fraudulently signing name of a deceased person
349
Legal efficacy of document
350
The document may be printed or engraved
351
Signing own name with intent to cheat 527 Alterations and erasures
352
The intent 529 Doctrine of lucri causa not applicable
353
Injury from forgery 531 Similitude of false instrument to genuine 349 1
354
LARCENY
355
Means used to inflict the injury
396
Bribery and Embracery 8 585591
401
COMPOUNDING AND MISPRISION OF FELONY 595 Definition of compounding a felony 596 Requisites of the crime 597 Scope of the crime 5...
405
Definition of misprision of felony 600 Offender distinguished from an accessory or principal
407
CONTEMPT 605 Definition 606 What acts have been held contempts 607 Newspaper articles 1
409
FRAUDULENT CONVEYANCES AND CONCEALING PROPERTY 610 Fraudulent conveyances
412
OFFICIAL MISCONDUCT Page 414 Section 615 In general 616 Partial malicious and corrupt acts by magistrates 617 Other misconduct of officials...
414
PERJURY 625 Definition 626 Requisites 627 Act wilful and corrupt 628 Lawful oath or affirmation 629 Judicial proceeding or in course of justice...
418
RECEIVING STOLEN GOODS 640 Definition and essentials 641 A statutory offense 642 The act must be felonious
426
Consent of the other party essential 644 Guilty knowledge of the recipient
429
Doctrine of lucri causa 646 Manual possession not essential
430
Subsequent adoption of wifes act 648 Depriving the owner permanently of possession
431
Recent possession of stolen goods
432
Woman sane but insensible
433
Woman asleep
434
Consent induced by intimidation
435
Carnal knowledge of a child
436
Consent obtained by fraudulent representation of physician
437
The act itselfPenetrationEmission
438
Incapacity of maleBoy under fourteen
439
Criminal responsibility of husband or wife
440
Chastity of the victim
441
ESCAPE PRISON BREACH AND RESCUE
444
Definition
445
Seduction not indictable at common law
446
Page
447
Section
459
CRUELTY TO ANIMALS
466
The burning
470
Section
473
Essentials
476
Statutes against gaming
479
Permitting minors to gamble
485
Maintaining nuisance in highway by municipality
492
Section
495
Nature of the property obtained
498
Property versus mere possession
499
The false pretenses can be by acts as well as words
500
The statutes applicable to donations for charitable purposes
501
Confidence games
502
What are intoxicating liquors
511
Keeping intoxicating liquor for sale
517
The Eighteenth Amendment to the Federal Constitution
523
Living in adultery Illicit cohabitation
530
Definition
533
Essentials
534
Nature of the subjectmatter
535
Dogs
536
Killing animals
537
Fruit trees fixtures etc
538
Chandeliers keys etc
539
Choses in action
540
Manure
541
Gas water etc
542
Gambling devicesLiquor illegally kept for sale
543
Abandoned property
544
Body of dead person grave clothes
545
Value of the property
546
Mode of takingTrespass
547
Possession versus custody
548
Finding lost property
549
Property merely mislaid
550
Property delivered by mistake
551
Possession or custody obtained by fraudulent trick
552
Ownership must be in another
553
Asportation of the property
554
Asportation by enticement
555
Asportation by innocent agent
556
The caption and asportation must be felonious
557
Asportation need not be for benefit of taker
558
Not larceny where taken under claim of right
559
The property must have some value
560
Forms of larceny
561
Definition
563
The offense at common law
564
Statutory enactments
565
Malice against the owner
566
Origin of the rule requiring malice against the owner
567
Mode of proving malice
568
Acts within the scope of this offense
569
Justification of the
570
Injury to the property
571
The indictment I
572
Miscellaneous Statutory Offenses Under
573
Definition and essentials
575
Taking from anothers person or in his presence
576
The caption must be by violence or intimidation
577
Definition and essentials
580
What constitutes an uttering
581
Chapter
583
291
588
Arrest and Extradition 870883
592
Arrest without warrant by private persons
596
Arrest without warrant by officer
597
Assisting officer
598
Amount of force which may be usedBreaking doors
599
Disposal after arrest 880 Search warrants
600
Extradition and fugitivesGenerally 882 Interstate extradition
601
International extradition 1
605
Preliminary Proceedings and Bail 8 885892
607
Modes of Accusation and Indictment 8 895936
616
Record and caption of indictment 901 Parts of indictment
623
Description of defendant
624
Certainty
626
Particularity of description
627
Technical words
629
Matters of defense 907 Averment in the disjunctive
630
Repugnancy
631
Language usedAbbreviations
632
Clerical errors 911 VidelicetInducementInnuendo
633
Written instruments
634
Description of property 914 Description of third persons
635
Notice request or knowledge
639
398
640
Variance
648
The overt act
654
Amendment
660
Certain special indictmentsIndictment for murder
666
Arraignment and Defendants Pleas 940956
670
Plea in abatement
672
Identity of party and offense
678
Trial 88 960983
682
Presence of the accused at trial
684
Change of venue
685
Counsel for defendant 966 Counsel for the prosecution 1
686
Defendants right to copy of indictmentNames of jurors or wit nesses and bill of particulars
687
Presence and conduct of judge at trial 969 Joint defendants tried separately 970 Right to jury trial
688
Right to challenge
690
Swearing the jury 973 Opening statement
692
Functions of the court and jury 975 Examination of witnesses
693
Arguments of counsel
695
Charge of the court to the jury
696
Custody and conduct of the jury
697
What the jury may take to their room 1
698
EvidenceGenerally
700
Presumptions and burden of proof
703
Definition
705
The breaking
721
Section Page 860 Generally 861 Jurisdiction 11
734
Venue
749
Change of venue 866 Steps in trial CHAPTER LXXV ARREST AND EXTRADITION 870 Arrest
762
Resisting arrestLiabilities 872 Warrant 873 Arrest by warrant 874 Liability of officer executing warrant
764
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Сторінка 35 - ... 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.
Сторінка 17 - In all criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel ; to demand the nature and cause of the accusation, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Сторінка 17 - Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth when published with good motives and for justifiable ends, shall be a sufficient defense.
Сторінка 39 - For example, if, under the influence of his delusion, he supposes another man to be in the act of attempting to take away his life, and he kills that man, as he supposes, in self-defence, he would be exempt from punishment.
Сторінка 512 - Whoever shall -order, purchase, or cause intoxicating liquors to be transported in interstate commerce, except for scientific, sacramental, medicinal, and mechanical purposes, into any State or Territory the laws of which State or Territory prohibit the manufacture or sale therein of intoxicating liquors for beverage purposes...
Сторінка 17 - And no person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary...
Сторінка 18 - No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud.
Сторінка 17 - All persons shall be bailable by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great.
Сторінка 18 - All penalties shall be proportioned to the nature of the offense; and no conviction shall work corruption of blood or forfeiture of estate ; nor shall any person be transported out of the State for any offense committed within the same.
Сторінка 266 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...

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