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552
553

554, 555

554
554
555

556
556
556

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how, when a county is divided

legislative and constitutional provisions
Distinguished from other Doctrines

go into other counties for evidence
blow in one locality and death in another

English and American statutes as to this
Locality as concerns the Intent .

party cbarged need not be personally present .

the intent takes the locality of the act
Where the Act is divided between several Counties

complete offence where the indictment is
therefore sometimes no indictment in either county
doctrine applies to misdemeanors as well as felonies
applied to misprisions.
how, under some statutes - in two States, &c.
only what is necessary to the offence in the county

where one solicits, another does
As to Accessories in Felony
When there is an Election as to the County

sometimes is – larceny — receiving goods
compound larcenies, &c.

other illustrations
English and American Statutory Provisions
Change of Venue .

557-560

557
557
558 •
558
559
560
560

561

562-564

562
563
564

565, 566

567

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CHAPTER 42. As BETWEEN THE UNITED STATES AND
FOREIGN NATIONS

568-600 a
Introduction

568, 568 a
general view of United States and State governments

568
Territorial Limits of the United States

569-575
how boundaries of United States determined

569
no territorial jurisdiction over the sea

570
except to a marine league from shore

571
how as to gulfs and bays

572
quasi territorial jurisdiction over sea further out

573, 573 a
our northern and southern boundaries treaties

574
where river or lake is the line - islands

575
Our Government over Citizens abroad .

576-583
general doctrine - difficulty of the subject

576, 577
a man's crime in the country while he is out

577
must be a tribunal accessories, &c. .

578

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582

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crimes committed on the sea and in foreign ports ·· 5792-5806
within foreign countries

581-583
our government protects subjects abroad

581
punishes subjects for acts abroad, &c. .

581
our courts cannot sit, our laws not operate, in a foreign coun-

try without consent
how otherwise, under treaties

582, 583
Exemptions of Foreigners here

584-594
how generally, in this country — law of nations

584
foreign sovereigns and their suits

585
embassadors, their attendants, domestics, &c.

586
exception as to attempts to overthrow the government

587
immunity to all public ministers - secretary of legation 588
consuls.

589
army and navy

590
foreign merchant ship not exempt

590
killing men in war, &c.

591
privateer aggressing on nation not commissioned against 591
acts done here by command of foreign sovereign 592, 592 a
subject to these exceptions, all foreigners bound by our laws 593
all entitled to our protection

593
fugitives from the justice of a foreign State

594
Crimes both here and elsewhere committed .

595-600 a
larceny in one country or State and the goods carried into
another

595-599
generally, if offence in one State, immaterial what in
another

600
concluding observations

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600 a

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CHAPTER 43. As BETWEEN THE STATES, AND STATES
AND FOREIGN NATIONS

601-603 a
our States foreign to each other, except

601
whether one is subject to the laws of his State while abroad . 601
wrongful act by command of another State

602
jurisdiction over Indian territory

603
general views

603 a

CHAPTER 44. As BETWEEN THE UNITED STATES AND
STATES

603 6-618

603 b

604-611

Introduction
The Local Jurisdiction

where State and United States limits coexistent
where United States local jurisdiction exclusive

604
604
626-636

.

county lines need not include the whole State

605
counties on the seaboard

605
Boston harbor

606
New York harbor

607
how to determine whether offence is against United States,
or a State

608
as to the place where the offence is committed

609-611
admiralty and maritime jurisdiction

609, 610
meaning of the words “high seas”

611
The Jurisdiction arising from the Subject

612-613 a
nature of offence may determine which government is
offended

612
same act offence against both governments

613, 613 a
The Jurisdiction proceeding from the Parties

614-616
States and United States may each appropriate persons to
its service

614
duty of officers.

614
consul's

615
United States and States enforcing each other's laws .

616
Locality of Crime against the United States

617, 618
constitutional provisions

617
acts of Congress

618

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OF

619-639

619-621

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620
620
621

CHAPTER 45. THE PUNISHMENT BY SENTENCE

COURT
Introductory View

sentence to unauthorized punishment erroneous
whether defendant can take advantage of error in his favor

punishment in this country generally by statute
The Punishment of Felony -- Benefit of Clergy

at common law, usually death - exceptions
benefit of clergy

punishment, what in this country.
Punishment generally and of Misdemeanor

622-625

622
622-624

625

at common law, usually fine and imprisonment

626
whether limited — whether one or both

626
whipping, pillory, ducking, &c.

627 and note
these not used in this country

628
forfeiture as part of the punishment

629
sureties for the peace in cases of misdemeanor

630
cruel and unusual punishments

631
“same degree of punishment”

631 a
province of court and jury as to the punishment

632
matter in aggravation and mitigation

633
in felonies, how as to such matter

634
day of execution, how far material

635
several successive convictions

636
Concerning joint Convictions

636 a-639
each suffers the whole punishment -judgment several 636 a-638
rule, in civil jurisprudence, different

637
how, in penal actions

638, 639

TION

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CHAPTER 46. THE CONSEQUENCES BY LEGAL IMPLICA-

640-648
Corruption of Blood and Forfeiture

640-643
attainder and its consequences — corruption of blood

641
other
consequences or forfeitures

642
on what principle they proceed

642 a, 643
English system not followed in this country

643
Incapacity to be a Witness

644-647
attaches to persons convicted of infamous crimes, and why 644
may make affidavits, &c. in their own cases

644
what crimes are infamous, what are not

645
must be final judgment

646
immaterial though judgment erroneous

646
effect of a foreign judgment

647
Other Consequences. — Jurors — judgment on plea of guilty, &c. 648

CHAPTER 47. No Second PROSECUTION

649-692

Introductory Statement

649-652
common law rule against being twice put in jeopardy

649
made a constitutional rule in this country .

650
whether our constitutions alter the common law doctrine 651
division of the subject

652

General Views of the Rule

652 a-658
the rule to be considered under three heads

652
1st. over what locality it extends

653-6556
has no extra-territorial force

653
but law of nations prevents convictions both at home and
abroad

653, 654
how where same act is an offence both against one of our
States and United States

655-655 0
2d. to what offences the rule applied

656, 656 a
strictly, to felony only

656
by construction, to misdemeanor also

656, 656 a
3d. how the rule binds defendants and government severally 657, 658
for defendant's benefit, so he may

waive it

657
binds government-

no steps against defendant can be
taken backward

658

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When the Jeopardy Attaches to the Defendant

658 a-671f
must remember question one of constitutional law

658 a
after jeopardy attaches, no second jeopardy

6586
attaches when jury is impanelled

659, 6596
after that, no nol pros. &c.

660
observations of judges contrary to this view

661
reason why this view is correct

661 a
for the jeopardy ever to attach, the preliminaries must not
be erroneous

662
no jeopardy where indictment is defective in form

663
how when judgment is rendered on invalid indictment

664
writs of error in favor of the State

664
other impediments than constitutional to rehearing

664 a
when legislative provision for rehearing unconstitutional 665
tribunal being without authority

666
defects neither of record nor apparent
term of court closing before cause finished

667 a
sickness interrupting trial

667 b
jury being unable to agree on verdict

668-668 b
better view of the whole doctrine

6680
after jeopardy without conviction, prisoner entitled to dis-
charge

669
difference between misdirection of judge and misconduct of
jury.

670
juror found not sufficiently sworn, insane, incompetent, &c. 670 a
when appeal lies from wrong direction of the judge

. 674
general view on principle of remaining points

671 2-671f
The Defendant's Jeopardy as Concerns his Waiver of Rights 672-677

667 et seq.

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