Consequences not meant, combinations resulting in, 633 a (2, 3). Conspiracies against Animals, 597 a. Conspiracies against Government, 457 (3).

Conspiracy, is act, 432; to do non-indictable wrong, 518 (1), 529; to destroy vessel, 570, note; against reputation, 591 (2-4); defined, why indictable, 592; between people in and out of the flesh, 593 (3); not mere presence, will must contribute, 633, 634; to beat a man, then he dies, 633 a (5); to drive from his premises, 633 a (6); independent crimes committed, 634; accidental, 635-637; acting in pursuance of, all liable, 636, 637; act by one, 636; general intent, 638; circumstances modifying guilt in, 638, 639; to charge with crime, 762 (3); a species of attempt by solicitation, 767 (3); conviction of accomplished offence on indictment for, 792; not by one alone, one tried alone, 801 (1); one dead, separate trials, acquittal of part, &c., 801 (1); whether, to commit a felony, merges in felony committed, 814; by client and attorney, 895 (1); disqualifies witness, 974.

Constable, refusing office of, 246 (1),

458 (2); acting without giving bond, 468a (2); suffering escape, 707 (2). Constitution of United States, judicial power under, 56, 57, 195, 196. Constitutional Power, when requires legislation, 174, 177.

Constitutional Questions, powers of national government within States, full, 156-181; depending on written words, 24; as to military and martial law, 45, 48-50, 55-64, 67, 68; suspension of habeas corpus, 63, 64; surrendering fugitives, 135; State jurisdiction over citizen abroad, &c., 152, 153; State commanding belligerent act abroad, 153; jurisdiction over Indian territory, 154; jurisdiction of United States within State, 156-181; United States regulate commerce, 173-176; United States as a nation, 182-188 a; jurisdiction over District of Columbia, 187; over the Territories, 188; as to "cases in law and equity," 195; United States courts administer State laws, 196; nullity of ex post facto laws, 279-284; right of officer to resign, 458 (2); whether legis lator impeachable, 461; as to effect of

impeachment, 463; gaming, lotteries, liquor-selling, 493; validity of Sabbathkeeping laws, 499 (3); restraints on liberty of conscience, 499 a; statutes against vagrancy, 515, note; against deer-killing, and as to fish, 516 (2), note; as to what is felony, 617 a; as to accessory after in treason, 703; forfeiture in rem, 831, 832, for liquor keeping and selling, 833-835; in whom is power of pardon, 899-901; pardon before conviction, before offence committed, 903, 904; pardon of impeachments, 912; of legislative contempts, 913; statutes authorizing jury to fix punishment, 934 (2); "cruel and unusual punishment," 946, 947; statute providing heavier punishment for second offence, 965 (1); as to corruption of blood and forfeiture, 970; sister State record incapacitating witness, 976 (1); no second prosecution for same offence, 978-1070 a; not twice in jeopardy, 981, and throughout the chapter; how regard juridical decisions on, 1012 (2); reputation as evidence of bawdy-house, 1088 (3); statutes for restraint and custody of dogs, 1080 (2), note, par. 5; as to tippling-shops, 1117; as to wooden buildings, 1151 (3). Constitutional Rights, waiver of, 995

1007.

Constitutions, our written, 24. Consul, judicial jurisdiction of, 122, 123; rights and immunities of, 122, 129, 181; jurisdiction of cases affecting, 196. Contagious Disease, not try one while

infected by, 354; exposure to, 490 (1). Contempt, legislative body punish, 461. Contempt of Court, punishable summarily, indictable, 468 (7); lawyer may commit, 895 (2); may be pardoned, 913 (2); summary prosecution for, indictment, jeopardy, 1067 (2).

Contempts, by disobeying judicial orders, 240.

Continuance, waiver to prevent, 997 (6),

note.

Continue Nuisance, indictable to, 433 (2).

Continuing, civil or criminal suit, till other ended, 266 (2). Contract (see AGREEMENT), when, not enforced, 11; breach of, as crime, 582 (1). Contract to sell Liquor, not attempt, 761 (2).

Contributory Negligence, not in
crime, 256 (2).

Controlling Disease, act from, 387 (4).
Convenience and Safety, protection
to public, what from criminal law, full,
530-532 a.
Conviction, joint, punishment on, full,
954-958; for any offence within trans-
action, 791, offences included in one
another, 794; not included, 798-801;
of one offender, on indictment against
several, 800-802, meaning, pardon be-
fore or after, 903 (2), 904; wrongly
dated, in pardon, 906 (2); meaning, how
averred, proved, 963, 964; bars second
prosecution, 994; how, when erroneous,
1021, 1022.

Counterfeit Letters, cheating by, 571
(1).

Counterfeit Money, whether offence to
have, with intent, 204; intoxication as
defence to passing, 412 (1); procurer of
another to pass, principal, 686.
Counterfeiting, procuring dies for, 435
(3); species of attempt, 437; cheat not
accomplished, 437; of records, 468;
nature of, 479, 686: similitude, 769;
conviction of less than charged, 799;
same act of, against both State and
United States, 178, 988.

Country, one out of, indictable here, 110
et seq.; larceny in one, goods into an-
other, 137-142; how resist being carried
out of, 868 (3).

on felony indictment, 788, 789.

Copy of Indictment, waiver of, 997 (3).
Coroner, preventing inquest by, 468 (6);
partakers therein, 688 (3).
Corporation, what, and capacity for
crime, full, 417-424; interests of, pub-
lic, 246; within word "person," a de
facto, 570, note; rights vested in mu-
nicipal, pardon, 910 (5).

Corpse, casting into river, stealing, dig-
ging up, &c., 506.

Corrupt Neglect of official duties,
468 a.

Corruption, mistake of law is not, 299;
in officer, 460 (1), 462 (2).
Corruption of Blood, forfeiture in,
distinguished from in rem, 820 (2);
whether restored by pardon, 918 (1);
what, and on attainder, 967 (3); reasons
for, 969, 970; forbidden, 970.

carried into another, 139; and county
lines, in States, 146-149; United States
as to offences in, 176; penalties vested
in, pardon, 910 (5); acquittal because
indictment in wrong, 1053.

County Lines, offences in State, outside
of, 176.

Court, Courts, not all laws adminis-
tered in the, 25, 28, 31; not martial law,
55; no prosecution without, and juris-
diction, 109-112; whether our, sit
abroad, 122, 123; power of, over fugi-
tive from justice, 135; not essential to
law, is to its enforcement, 193; chang-
ing the, after act done, 280 (1); at-
tempts to influence, 468; remit fines
and forfeitures, 899; no jeopardy where,
has no jurisdiction, 1028.
Court of Chivalry, 44.

Court de Facto, perjury before, 464 (6).

ment, 934.

of, 294 (3); false oath under advice of,
298 (4); too many and too eminent,
683 (2), note; anciently, when not al-
lowed, 996.

administered in, 44; jeopardy before,
bars, 1029 (1).

Courts of Mother Country, colonists
not take, but law, 193.

Coverture, effect of, on the wife's crim-
inal liability, full, 356–366.

Counselling to Suicide, 652.

105.

Cow, public beating of, 597.

promise to take back, 341 (2).
Counterfeit Coin, husband's coercion
in uttering, 359 (3); attempt to utter, at
gaming-table, 765 (2); conviction for
having, in numbers, 799 (2).

Creeks are within counties, 146.
Crime, Crimes, against two or more
governments, full, 136-144; what is,
32; whether common law of, 35; ec-
clesiastical law of, 38, 39; committed by

one while in another country, 110; in foreign ports and on high seas, 117–120; against both United States and a State, 178; how intense required evil in, 235 (3); compared to civil tort, 235, 247, 248; one's, not justifies another's, 257 (1); no, without evil intent, 287; resulting in good, 325, 326, 341; the particular, to be considered in insanity, 385 (1); technical divisions and distinctions, 598-606; gradations, 603; no, without a principal, 649; how specific, constituted, 773-785; how carved out of transactions, 791-815; offence by thing, not a, 816; not essential in forfeiture in rem, 829; domestic relations not protect, 879 (1); no, remains after pardon, 898 (2), note, par. 2.

Crime within Crime, illustrations of, 780; jeopardy for lower or higher, as to other, 1054-1059.

Crime in Rem, quasi, or forfeiture of
things in wrong, full, 816-835.
Crimen Falsi, what, as to witness, 972.
Criminal, Criminals, compelling work

from, 454; condition of pardon must not be, 915 (1); the, procuring himself prosecuted, 1010.

Criminal Act, delusion in insanity connected with, 394 (2).

Criminal Capacity of Infants, rules for, full, 367-373.

"Criminal Cases," meaning, 32. Criminal and Civil, distinguished as to intent, 286-290.

Criminal Endeavor, what, 435 (2, 3). Criminal Field, how divided, full, 599606.

Criminal in Form, civil in effect, 291 (2).

Criminal Information, not always, where indictment lies, 246; applicant in fault, 256; while civil suit, 266 (1); where act was from constraint, 688. Criminal Intent (see EVIL Intent, InTENT), by what words indicated, full, 425-429; lowest crimes, like highest, require, 247 (2); impossibility of, in insanity, 375 (1) and note; insanity is want of capacity for, 375 (1), 381 (2); power of corporation for, 417 (4). Criminal Jurisprudence, how differs from civil, 288, 301 (3), 303 a, note, par. 2, 1074-1076.

Criminal Law, as branch of law of the land, full, 30-42; who exempt from

our, full, 124-135; whether there is a common, of United States, full, 189203; State procedure in national courts, 194; further of the, of national government, 198-203; forfeitures in rem not strictly of the, 817; when analogous to civil, 1074-1076. Criminal Legislation, ex post facto laws pertain to, 279 (3). Criminal Liability, and civil, for same wrong, full, 263 a-278; namely, general, 264-266; of exceptions in felony, 267272; reasons hereof and law's reasoning, 273-278. Criminal Neglect, of child, 883, 884,

888.

Criminal performed by one, in conspiracy, what would be, 592. Criminal Proceedings, not barred by civil, 1069 (1).

Criminal Prosecutions, how differ from civil, 247.

Criminal Reports, the old, in what
books, 70, 75, 78.
Criminal Transaction, separable into
what specific offences, full, 791-803;
distinguished from crime, 777; two of-
fences in one, second jeopardy, 778;
carving the, into crimes, 778-783.
Criminate Self, whether pardoned wit-
ness must, 917 (3).

Crowd, shooting into, 736 (7).
Crown, in England, pardon, 899.
Crown Cases Reserved, concerning,
72.

Cruel Act, is of malice, 429 (2)
"Cruel and Unusual Punishment,"
forbidden, what is, 946, 947.
Cruelty, in divorce law, by mental force,
560 (3).

Cruelty to Animals, intoxication in, 402; law of, 594 (2)-597; conspiracies as to, 597 a.

Culpable Homicide, Scotch, compared to English manslaughter, 217 (3), note; small blame in, 227.

Cumulative Sentences, something of,

953.

Custody of Child, by guardian, 885 (2). Custom of Exposure, of person, 1131. Cutting and Wounding, joining in, after completed, 642 (2).

Dairy, whether, nuisance, 1143. Damage Special, in actionable crime, 265 (2).

Damages Civil, criminal, influencing,
266 (3).

Dancing-school, not a show, 1148.
Danger Over, not kill assailant, when,
869 (1).

Dangerous to public, indictable, 531 (2).
Dangerous Animal, at large, 318 (1).
Dangerous Weapon, carrying, 540;
unintended death from, 862; in defence

of property, 862.

Date of Conviction, erroneous in par-

don, 906 (2).

Daughter, wounding one in mistaken
defence of, 303 a, note, par. 4; keeping
bawdy-house, 1084 (2).

Day of Punishment, in sentence, war-
rant, &c., 951.

De Facto Court or Officer, perjury
before, 464 (6).

De Facto Officer, 464, 464 a, 468 a
(2).

De Jure Officer, 464, 464 a.

Dead Body, burying, to prevent inquest,
468 (6); casting into river, 506.
Deadly Weapon, right to kill on attack
from, 850 (4).

Deaf and Dumb, as insane, burden of
proof, 395 (3)

Death, indictment for causing, 32, at
place of, or of blow, 112 (3)-116; is com-
mon-law punishment for felony, 615 (1),
935, 939; imprisonment a substitute,
939 (1), in judgment of, day how ma-
terial, 951; of juror or judge, jeopardy,
1032 (2).

Death Penalty, test of felony, 615 (3),
616 (2), 622 (2).

Death of Principal, how accessory, 668
(2).

Debt, getting paid, by false pretence,
438 (3).

Deceits, whether disqualify witness, 974.
Decency, exhibitions outraging, 504 (1).
Decisions, how regard the, 361 (3), note;
on effect of intoxication, 398 (4); law
distinguished from, 499 a, note; correc-
tion of erroneous, in this work, 741,
note; interpreted by their reasons,
846; the old, on self-defence and
homicide, 848.

Defence, of person and property, full,
836-877; namely, general, 838, 839;
perfect and imperfect, 840, 841; per-
fect, 842-859; imperfect, 860-863;
summary of defence of person, 864-
874; of property, 536 (2), 875, 876;

assisting others in, 877; duty of lawyers
to make, 376 (4), note, par. 12.
Defence of Castle, 858, 859.
Defence of Limb, 866.
Defendant, husband, with wife, 366;

error in sentence not affecting the, 932.
Defendant's Favor, errors in, 930 (3).
Defining Insanity, difficulties of, 381 et
seq.

Definitions, abduction, 555; accessory,
663 (1), before fact, 673 (1), after fact,
692 (1), act, the, in crime, 431, in at-
tempt, 737 (1); affray, 535 (1); am-
nesty, 898 (3); arson, 559; assault, 548
(1); attainder, 967 (1); attempt, 435
(1), 728; barratry, 541 (1); battery,
548 (1); bawdy-house, 1083 (1); breach
of peace, 536 (1), bribery, 468 (3); bur-
glary, 559; champerty, 541 (1); cheat
at common law, 571 (1); civilly and
criminally, that same wrong punishable
both, 284; coercion, husband's, 357;
combinations of persons in crime, 629
(2); common scold, 1102 (1); com-
pounding, 710 (1); conspiracy, 592 (1);
corporation, 417 (1), criminal capabili
ties of, 417 (2); crime, criminal law, 32;
deodand, 827, 968 (2), disorderly house,
1106; eavesdropping, 540 (5), 1122
(3, 4); engrossing, 519 (4), 527; ex
post facto law, 281 (1), compare, 284;
exposure of person, 1125; extortion,
573; false imprisonment, 553 (2); false
pretences, 571 (3); felony, 615 (1); for-
cible detainer, 536 (2); forcible entry,
536 (3); forcible marriage, 555, fore-
stalling, 519 (2), 526, forfeitures in rem
816; forgery, 572 (1); former jeopardy,
979; gaming-house, 1135 (1); govern-
ments, wrongs against two or more,
136, see 983-989; habeas corpus, 63;
indictable act, 232; indictable private
wrong, 234; injured person's consent,
258, injured person in wrong, 257 (1);
innocent agent, 310; insanity, 375 (1),
381 (2); intensity of evil in crime,
247 (1); international duties, 481 (2);
intoxication as affecting criminal in-
tent, 398 (2, 3); kidnapping, 553 (2);
larceny, 566 (1); law, 1-3; mainte-
nance, 541 (1); malice aforethought, see
429; malicious mischief, 569 (3); mar-
tial law, 45, mayhem, 547 (2); merger
of offences, 787 (1); military law, 44;
misdemeanor, 623 (1), 624 (1); mis-
prision, 624 (2), 716, 717 (1); mistake