definition and classification, 109. essential of false imprisonment, 293. implication in manslaughter where act barbarous, 348. mode of proving in prosecution for malicious mischief, 568. use of deadly weapon, 415. MALICE AFORETHOUGHT, absence in voluntary manslaughter, 346. essential of murder, 405-412. MALICIOUS MISCHIEF, acts within scope of offense, 568. definition, 563. indictment, 572. injury to property as element, 571. justification of act, 570. malice against owner, 566. mode of proving malice, 568. offense at common law, 564. origin of rule requiring malice against owner, 567. MALUM PROHIBITUM, manslaughter, 373. absence of intent in involuntary manslaughter, 345. malice aforethought in voluntary manslaughter, 346. adequacy of provocation in voluntary manslaughter, 347. co-existence of passion and malice in voluntary manslaughter, 350. commission by intoxicated person, 82. commission of offense by failure to give medical attention to sick defined and classified, 342. duels, 363. [References are to Sections] MANSLAUGHTER-Continued. homicide arising from acts merely malum prohibitum, 373. omissions due to religious scruples, 386. playing foot ball, 369. prize fight, 368. riot, 371. shooting at target, 376. wilful omission to perform legal duty, 384. homicide in attempting abortion or from illicit intercourse, 372. correction of child, pupil or apprentice, 370. homicide induced by illicit intercourse with sister or daughter of homicide provoked by insulting words or gestures, 361. homicide resulting from mutual combat, 357. implication of malice when act barbarous, 348. involuntary manslaughter defined, 365. nature and requisites of voluntary manslaughter, 344. nature of emotion in case of voluntary manslaughter, 349. reasonable cooling time, 364. result of wilful omission to perform legal duty, 416. snapping weapon at another to frighten him, 377. surgical operations, 380, 381. trespass on property as provocation, 362. turning vicious animal loose, 378. voluntary manslaughter, 343. MANURE, subject of larceny, 541. MARRIAGE, See BIGAMY; MISCEGENATION; POLYGAMY. effect of subsequent marriage on seduction, 460. offer of marriage and refusal on seduction, 461. fraudulent representations of marriage ceremony to induce sexual in- intent as element of illegal wedding, 101. promise as inducement for seduction, 458. MASTER AND SERVANT, crime of servant at instigation of master, 92. MERGER, crimes of equal grade, 151. definition and use of term, 145. felony in misdemeanor, 149, 150. rule where one act includes two or more crimes, 152. MISADVENTURE, MISCARRIAGE, See ABORTION. attempts to bring about as criminal offense, 139. MISCEGENATION, defenses, 802. definition and nature of offense, 802. MISDEMEANORS, barratry, maintenance and champerty, 661-663. bribery at common law, 587. definition and tests, 198. kidnaping at common law, 339. merger of felony, 149, 150. misprision of felony at common law, 600. solicitation to commit, 133. MISFEASANCE, manslaughter, 375. MISJOINDER, ground for motion to quash, 945. in indictment, 920. remedies, 924. MISTAKE-Continued. [References are to Sections] delivery of property as larceny, 551. distinction between mistake of law and mistake of fact, 119. fact as defense to crime, 114. identity of person injured as defense, 114. statutory crimes, 115. MISTREATMENT, MONEY, MONEY ORDERS, MONOMANIA, See CRUELTY TO ANIMALS, 700. See COUNTERFEITING. effect on capacity to commit crime, 59. MORAL INSANITY, effect on capacity to commit crime, 61. MORALS, offenses against, 690-844. MORPHINE, effect of excessive use on capacity to commit crime, 80. deliberation and premeditation as essential elements, 417-419. essentials of crime, 405. express and implied malice aforethought, 412. intent to kill as ingredient, 413. mental capacity of slayer, 406. necessity of death of victim within year and a day, 405, severance of umbilical cord of infant victim, 410. necessity that infant victim have independent circulation, 403. presumption of malice from act, 414. from use of deadly weapon, 415. proof of corpus delicti, 422. result of omission to perform legal duty, 416. second degree, 420. statutory degrees, 418. suicide, 421. [References are to Sections] MUNICIPAL CORPORATIONS, authority in regulation of liquor traffic, 749. maintenance of nuisance in streets, 733. N NAMES, fraudulent signing a false name as forgery, 522. NATURALIZATION, cancellation of certificate, 854. NAVIGATION LAWS, violation as federal offense, 829. NEGATIVING DEFENSES, NEGLIGENCE, criminal negligence as equivalent of criminal intent, 102. simple negligence, 387. |