fences committed, 1119-1121; by selling Domestic Animals, how criminal law Domestic Servant and Master, crim- Disqualification of Infancy for Domestic Servants, of foreign minis- Distinct Intents, crimes requiring, 342. Distinction, of perfect and imperfect de- Division and Divisions of Crime, Division Lines, between countries, 108 full, 443-449. Divisions in Law, nature of, 598. Dock-yards, jurisdiction over, 159. Dodge Questions, not, 169, note. Dog, law of, 832 (3), 1080 (2), note; as ters, exempt, 126. Domicil, guardian as to child's, 885 (3). Door, opening, to burglar, 262 (3, 4). Driving, fast and riotous, 540 (3). Drunkenness, excusing or not crim- Ducats, putting, into pocket, 762 (3). Duty, what breach of, indictable, 237- Ears, punishment by loss of, 942, note. Ecclesiastical Benefice, corrupt pres- Cognizance, public education of, 507. 38. Ecclesiastical Law, with us, 38, 39. Effect of Pardon, beyond words, 908 (3); English authorities on, 902. Effigies at Windows, 1146 (1). Ejecting Passenger, mistake in, 301 (4). Endanger Public Health, 489. Endeavor, distinguished from attempt, 435 (2, 3), 724 (2); called, with us, attempt, 435, 724 (2). Enemies in War, in civil courts, 131, 134. Electing out of Transaction, crime to Enemy, rights of, killing, 134; arresting prosecute, 779 et seq. Election, bribery at, 468 (3); offences against, 471; money bet on, 821 (2). Election of Offences, 791, 793 (4), 815 a. Elector, corruptly influencing, 471. Electricity, death-punishment by, 947 (4). Elementary Doctrines, must be studied, 449. one believed taking goods to, 306 (2); killing, mistaken for friend, 441, note; violation of passport to, 484 (3). Enemy Property, forfeiture of, 821 (5). Enforcing Agreement, to pay private damage for public wrong, 714 (2). English Law, what, with us, 14, 190. Engrossing, with forestalling and regrating, full, 518 (2)–528. Enhancing Prices, 523, 526, note, 529. Entire Law, considered with specific Elements of Crime, and their combinings, full (c. 11-17), 204-284; namely, combined act and evil intent, 204-208 a; combined public good and desert of punishment, 209-211 a; magnitude of act and intent, 212-228; how far public, 229-254; wrong or consent of injured person, 255-263; criminal and civil liabilities from same act, 263 a-278; nullity of ex post facto laws, 279-284. Elude Punishment, assisting felon to, Erroneous Judgment, disqualifying 692 (2, 4). Emancipation, after, how former slave laws, 893 (2); former master, on bailbond, 894 (1); liability of slave-father, 894 (2). Embargo, what excuses breach of, 351 (1). Equity, no courts to administer, 193. Erie Lake, ownership and county lines in, 149. Erroneous Conviction, and punishment on, second jeopardy, 1023. witness, 975 (2). Erroneous Sentence, reversed, second prosecution, 1021, 1022; court without authority, 1028. Error, exposing, not justifies obscenity, 309 (2); reversal for, on later sentence, 953 (2). Embargo Act, not known when violated, Errors in Sentence, full, 930-932. 296 (2). Embargo Laws, enforced by forfeiture, 821 (5); necessity excusing, 824 (3); owner's non-concurrence, 826 (3). Embassador, to our country, exempt, 126-128; penalty for arrest of, 127; causes affecting, 196; whether duty to become, 458 (2), note. Embezzlement, by officer de facto, 464 (3); nature of, 567 (2); whether disqualifies witness, 974. Emigrants carry laws with them, 14. Emigration, what rights of, 512. Escape, negligent, 218, 316 (2), 321 (2); and voluntary, distinguished, 321 (2); homicide in chloroform to effect, 329 (3); husband's coercion in, 359 (3); common-law offence of, 466 (2); declining to assist in preventing, 469 (2); nature of voluntary, 625 (2); accessory after in, 693 (3); accessory, 695 (2); as accessorial to original felony, 697; of street-walker, &c., 707 (2); before punishment, 951. Escape of Juror, not set prisoner free for, 1038. Eminence of Lawyer, impediment to Escape of Principal, how affects acsuccess, 683 (2), note. cessory, 668 (2). Employee, unlicensed liquor-selling by, Established Religion, not with us 219 (1). Enclosures, riotously pulling down, 537. End, adaptation of means to, in attempt, full, 738-758, 769. 496 (2). Established Rules, effect of, in law, European Jurists, how regard intoxica Evil Tendency, substantive crimes Evidence, rule for, in United States Evidence in Civil Suit, plea of guilty Evidence Defective, not discharge jury Evil, intensity of, in public crime, 235 Evil on Face, and in intent, distin- Evil Intent (see CORRUPT MOTIVE, 430. Evil meant, good following, 438 (1). Evil Motive, good from, 325, 326. because of, 734 (2); evidencing evil Ex Post Facto Laws, nullity of, full, Excessive Punishment, as cruel and Exciting to Crime, guilty of, 640. note. Executive Pardon, wrongly granted, Exorbitant Prices, innkeeper taking, Expansions of Law, the, 20. Expert Witness, not charge jury as, Experts, in insanity, 376 (4), note, par. Exposure of Person, full, 1125–1134; Exposure for Sale, of noxious food, Express or Implied, waiver, either, 998 Expressed and Implied Malice, dis- Extent of Incapacity, to commit Extortion, 573; why, 587 (1); forms of, Extra-territorial Jurisdiction, our national, full, 109–123; States have not, 152. Facilities, to wrong-doer, 262 (2). 301-310. Fact for Jury, insanity is, 383-383 b, Fact and Law, ignorance and mistake Fair Ground, criminal law secures, 252; in dealings with individuals, 545. False Accusation of Crime, conspiracy to bring, 762 (3). False Affidavits, short of perjury, False Imprisonment, under mistake of False Pretences, by one in another country, 110; at swimming race, 214; where parting with thing is crime, 257 (3); by infant, 369 (3); must be injury or tendency to, 438, procuring pay by, 438 (3); of being an officer, 468 (6); statutory offence, 571 (3); interpreted, 586; by one concurring in another's uttering, 633 (2); procurer of, 686; where misdemeanor, by a felony, 815 (2, 3); whether the law of, protects the weak, 874 (2); not disqualifies witness, 974. False Representations, pardon by, 905, 906. False Rumors, to enhance prices, 523, 526. False Symbol or Token, cheat by, 571 (1); necessary to cheat, 571, 585; Falsehood, when not indictable, 582 (1). England, 593 (2). Families, many, in one house, nuisance, Father may defend son, 877 (2). Fear, in robbery, 438 (2); working on, Fears excited, when not justify killing, 872 "Feloniously," in indictment, surplusage, 810. Felony, civil suit for wrong done in, full, 267-272; why, full, 273-278. As one of three divisions of crime, full, 614-622; namely, what is, 614-617; under United States laws, 617 a; statutes regulating, 618, 622. The principal in, full, 646654 The accessory after in, full, 692– 700 a. Whether corporation commit, 422 (2, 3); officer shooting one committing, supposed misdemeanor, 441; intent to commit, in burglary, 577 (4); between treason and misdemeanor, 599 (1), 602 (3); principals and accessories in, 605 (1); treason reduced to, 612; suicide is, 615 (2); accessory after in, 642 (2); "accessory," only in, 662; accessories in, generally, 662-671; before fact, 673-680; principal of second degree, 684; compounding, 711 (1); misprision of, 717; attempt to commit, 759 (2), is misdemeanor, 772 (1); soliciting to commit, is attempt, 767 (2); counselling to, 772 (2); not both, and misdemeanor, 787; made treason, 787 (2); proved on misdemeanor indictment, 787789; on indictment for, misdemeanor proved, 804 (2) et seq; misdemeanor charged as, 810, proved as, 812, com mitted by means of, 815; how oppose commission of, 843; how resist, 849 (3, 4), 853 (2); repelling, to death, 867 (3); killing one committing, against property, 875; employing another to commit, 892 (3); punishment for, 935– 939, mitigation and aggravation of punishment for, 949; consequences of, 966-977; former jeopardy for, 990 (1); conviction wrong, distinguished from misdemeanor, 1001, 1002; whether new trial for, in England, 1001 (2); with us, 1003 (1); jeopardy for, as to misdemeanor, 1055 (1). Felony and Misdemeanor, importance of distinction of, merger, 787 (2); promotes certainty, 854. Feeble and Weak, law not specially Felony or Misdemeanor, nuisance, protects, 585. 1078b (1). Felon, meaning of, 615 (2); taking life Fence, throwing down, 298 (3). of, 843 (1), 849 (3), 874. "Felonious," meaning, 427 (1). Fictitious Name, forgery of a, 572 (2). Felonious Assault, on indictment for Filthy Houses, nuisance of, 490 (2). rape, 795. "Felonious Assaulter," meaning of, 622 (2). Fine, corporation subject to, 423; distinguished from forfeiture, 820 (2); remitted by pardon, 910 (4); erroneous, with abatement, 931 (2), and repair of Fine and Costs, paid, as to civil suit, Fine and Imprisonment, for misde- Fine paid, effect of pardon on, 916 (3, 4) Fire, statutory precautions against, 1150. First Degree Murder, indictment for, First Offence, conviction of, on indict- First and Second Degree Principals, Fish, statutes to protect, 516 (2). Florida, common-law crime in, 35, note. within statute, 960 (2); as barring do- Foreign Government, when our courts Foreign Larceny, and domestic, of same Foreign Law, with us, 21; illustrating Foreign Port, vessels in, 117. Foreign Power, when courts recognize, 119. Foreign Ships, our right over offences Food in Charity, to felon, not makes Foreigners, whether and when, exempt Food and Clothing, parent's neglect to Forestalling, regrating, and engrossing, full, 518 (2)-528. Food for Prisoners of War, unwhole- Forfeiture, doctrine of criminal, on civil some, 484 (4). Forbidden Thing, intent to do, is evil Force (see MENTAL, PHYSICAL), consent obtained by, in burglary, 262 (4); physi Force or Not, felony by, as to resisting, Forcible Detainer, 536 (2); partici- Forcible Marriage, 555. Forcible Trespass, 536-539. suit, 273 (2); in this country, 273 (2), 969, 970. Forfeiture of Office, under impeach- Foreign Coin, procuring dies to counter- Forfeiture as Punishment, distin- guished from forfeiture in rem, 824 (1). Foreign Conviction. not first offence Forfeiture in Rem, pardon on, 911 (2) |