.

mental force

430-435
how considered differently from physical force

430
cheats — larceny — robbery, &c.

430
fraud -parting with property - possession, in lar-
ceny

431
fraudulently procuring signature, no forgery

432
false pretences and cheats

433
assuming to be an officer — wrongly using legal pro-

434
why perjury indictable

435
general view of doctrine of mental force

435 a
Protection to the Reputation

436
libel — slander, &c.

436
Combinations to commit Private Injuries .

437, 438
conspiracies

437
witchcraft

· 438

cess, &c.

Protection to the Lower Animals

439

440–453

440-446

CHAPTER 34. THE THREE GRADATIONS OF CRIME

Introductory Views
diagram exhibited

explained
matters not on the diagram

divisions of the subject
Treason

is also felony

441
.441-445
445 a, 445 6

446

.

447, 447 a

447
447 a

does not follow all the rules of felony .

.

Felony

448-452
what is felony - history of the law

448
present doctrine

449
views concerning the distinction of felony and misdemeanor 449a, 4496
how English rules apply here

450
construction of statutes creating felonies

451
statute rules as to what is felony

452
Misdemeanor

453

Introduction
As to Felony

.

.

persons guilty of felony are principals or accessories, - and
two kinds of each

455
principal of first degree, who

456
of second degree

456
distinction unimportant

456
between principal and accessory

457, 460
illustrations.

457-461
innocent agent ·

458
counselling to suicide

459
confederates in larceny – duels, &c.

461
As to Treason .

462
no two degrees of principals

462
As to Misdemeanor

463-465
no two degrees of principals

463
persons far from the act not indictable

464
illustrations

464, 465

.

.

CHAPTER 36. ACCESSORIES AND THE LIKE .

466-500
Introductory Views

466-467 a
difference between accessories before and after the fact

466
the general idea of an accessory

467
reason of distinction between accessory and principal . 467 a
The General Doctrine .

468-471
how accessory follows principal — no higher offence

468,469
whether can be arraigned or convicted before his principal 468
where several principals

468
how, where principal cannot be convicted .

469
statute of Anne

469
erroneous attainder of principal — pardon

469
whether accessory may deny bis principal's guilt

470
statutes removing obstructions to prosecution

471
their interpretation

471
Accessories before the Fact in Felony.

472-479
term accessory more appropriate in felony

472
meaning of the term

473
law of, not well founded - distinction not favored

473
principal and accessory both felons, and punished alike

473
accessory, how distinguished from principal

474, 475
from attempt

474
in forgery, murder, burglary, larceny, &c.

475
accessory before to accessory before

476
none in manslaughter .

477

.

.

.

Persons sustaining, in Treason, the like Relation as Accessory
before

480–482
petit treason, high treason whether accessories in

480
procurer of treason, principal .

481
the matter discussed

481, 482
Persons sustaining, in Misdemeanor, the like Relation as Acces-
sory before

483-485
no accessories before, in misdemeanor — procurer principal 483
procuring some small crimes not indictable

484
doer only guilty of some crimes from their peculiar nature 485
Accessories after the Fact in Felony

486-494
who such accessory

487, 490
on what principle held

487
must know of principal's guilt .

488
must be more than a misprision or compounding

489
or receiving back the stolen goods

489
criterion to distinguish accessory after

490
when election to hold as accessory or principal felon.

491
receiving the accessory before the fact

492
may be accessories after, in manslaughter

492
receiving stolen goods knowing, &c.

493, 494
Persons sustaining, in Treason, the Relation of Accessory after
the Fact

495-498
said to be none — a mistake

495
English statutory and common law

496
how under the government of the United States

497
of the States

498

Persons sustaining, in Misdemeanor, the Relation of Accessory
after the Fact

499, 500
some acts of this sort not indictable

499
others believed to be indictable — why

500
not as accessorial, but as principal offence

499

CHAPTER 37.

COMPOUNDING

501-506

what--not accessorial — theft bote

formerly made the person an accessory
applies to some misdemeanors — not all
as to penal actions .
"speaking with the prosecutor " - prisoner making repara-
tion for the injury

501
501
502
503

504

bonds, &c. given by way of satisfaction
extortions, &c. analogous to compounding.

505
506

507-509

CHAPTER 38. MISPRISION

meaning of the term - is a misdemeanor
different views of the offence
applies only to felonies and treasons
general doctrine concerning misprision
under the acts of Congress .

507
507 a, 507 b

507
508
509

.

513

CHAPTER 39. ATTEMPT

509 a-528
Introductory Views

509 a-511 a
important and difficult title

509 a
leading doctrine under this title

5096
act and intent must combine, &c.

510, 511
division of the subject

511 a
The Kind of Intent

5116-515
the general doctrine

511 a
thing forborne from change of purpose

512, 512 a
no intent in law different from fact, in attempt

513, 514
how as to substantive crimes
how as matter of evidence

514
illustrationis

515
The Kind of Act

516-527
how far the thing done must be adapted to produce the re-
sult intended

516, 516 a, 517 0, 527
illustrations — possible

517
no man deemed to attempt what he knows impossible

518
impossibility of fact — facts not known

518 a-518 d, 527
of law, presumed to know the law
attempts under statutes peculiarly worded .

519
true doctrine where there is mistake of fact

519 a
attempt may be too small or proceed too little way

520
attempt to commit treason, felony, misdemeanor

520
same whether offence is at common law or statutory

520
act'may be less in proportion as intent is greater

521
as to act being illegal

522
carnal abuse of child, &c.

522
attempt to charge with felony

522
acts toward committing substantive offence indictable other-
wise than as attempts

522 a
some offences too small to have attempts

523
but, generally, nature of act done immaterial

524

.

518 et seq.

solicitation considered as an attempt

stands further from the act than some other attempts
how far the thing done must be adapted
The Combination of Act and Intent
The Degree of the Crime of Attempt

525

526
516, 527

527 a

528

CHAPTER 40. CRIMES VIEWED TOGETHER

528 a-551

.

Introduction

. 528 a
The Division of Crime

529-535 a
other divisions than those treated of already

529
various representations of these divisions

530-534
these divisions grow out of nature of things

534 a
offence committed in different ways

535
these divisions important to be understood

535 a
The Consequences of the Division

536–542
guilty person holden for whatever form of his offence pros-
ecutor chooses

536
difficulty as to how the criminal act may be cut up

537
conviction for lower offence on indictment for higher 539,539 a
conviction on part of allegation generally

540, 541
exception where allegation does not include the less offence 542
The Doctrine Qualified in Various Circumstances .

543-551
in England, no conviction of misdemeanor on indictment for
felony

543
this doctrine not received in all the States.

544
Vermont and Massachusetts doctrine

544, 545
American and English statutes

546
how, where the allegation of the felonious matter is defective 547
want of jurisdiction in the court

548
how, if felony is proved on indictment for misdemeanor

549
doctrine, as to conspiracies to commit felony

550
same act not both felony and misdemeanor

551

.

.

BOOK V.

THE LOCALITY OF CRIME.

CHAPTER 41. As BETWEEN COUNTIES

The General Doctrine.
crimes to be tried in the county where committed

552-567
552, 553

552