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fences committed, 1119-1121; by selling
liquor therein, 318 (2); wife responsible
for, 361 (3), keeping, indictable, 504
(2); bonds for peace in punishment of,
945 (2); how many annoyed by, 1078;
need not be kept for lucre, 1086, 1112;
letting house to become, 1090–1096.
Disorderly Inns, 505 (2), 1110, 1118.
Disqualification of Coverture for
crime, 364-366.

Domestic Animals, how criminal law
protects, 594-597 a.
Domestic Relations, full, 878-891 a;
namely, parent and child, 880-884 b;
guardian and ward, 885; teacher and
pupil, 886; master and domestic ser-
vant, 887-889; husband and wife, 890-
891 a.

Domestic Servant and Master, crim-
inal law of, full, 887-889.

Disqualification of Infancy for Domestic Servants, of foreign minis-

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Distinct Intents, crimes requiring, 342.
Distinct Punishments, sentence omit-
ting part of, 931.

Distinction, of perfect and imperfect de-
fence, full, 840, 841; principal for agent,
218-221, first and second degrees of
principal, 648 (4, 5); as to right of de-
fence, 838 (2)-839.
Distress, excessive, 538 (2), impounding,
in wrong place, 957 (2), note.
District of Columbia, jurisdiction over,
187; unwritten law of crimes in, 203.
Disturbing Meetings, offence of, 542.
Divine and Human Laws, conflicts of,
344.

Division and Divisions of Crime,
treason, felony, misdemeanor, full, 607-
625; by Blackstone, 444; by present
author, 446.

Division Lines, between countries, 108
Divisions, of subject of criminal act,

full, 443-449.
Divisions in Criminal Law, impor-
tance of, 609.

Divisions in Law, nature of, 598.
Divorce, cause already accrued, 279 (4);
for sodomy, 503 (2); cruelty in, as to
kinds of force, 560 (3).

Dock-yards, jurisdiction over, 159.
Doctrine, should be stated in accurate
terms, 253.

Dodge Questions, not, 169, note.

Dog, law of, 832 (3), 1080 (2), note; as
nuisance, abatement, 1080 (2).
Dog-spear, to protect property, 855, note.
Dogs at Large, forfeiture of, 832 (3).

ters, exempt, 126.

Domicil, guardian as to child's, 885 (3).
Done by One, conspiracy to do what
punishable or not if, 592

Door, opening, to burglar, 262 (3, 4).
Dorr Rebellion, the, 48, 49, 162.
Double Punishment, by two govern-
ments, full, 136–142.

Driving, fast and riotous, 540 (3).
Drug, the, in attempted abortion, 741.
Drunkard, selling to, through mistake,
302 (2)

Drunkenness, excusing or not crim-
inal act, full, 397–416; voluntary, is not
insanity, 387 (3), indictable or not, 399
(1), 505 (3); supplying criminal intent,
399 (2).

Ducats, putting, into pocket, 762 (3).
Ducking, punishment by, 942, 943 (2).
Ducking-stool, for punishment, 1104.
Duel, challenge to, in another State, 143;
homicide in, 259 (1); challenge to, 540
(1).
Duelling, though approved by law of
honor, punishable, 10 and note; sec-
onds in, 654 (2).

Duty, what breach of, indictable, 237-
242; steamer causing death by neglect-
ing, 303 a, note, par. 12.
Dwelling-house, riotously breaking
into, 537; larceny from, 566 (5); shoot-
ing into, 751; right to defend, 858, 859,
877; homicide in defence of, 858, 859;
how expel intruder from, 859 (2), 862;
attacked in own, not retreat, 869 (3).

Ears, punishment by loss of, 942, note.
Eavesdropping, full, 1122-1124; de-
fined, 540 (5).

Ecclesiastical Benefice, corrupt pres-
entation to, 496 (3).
Ecclesiastical

Cognizance, public

education of, 507.
Ecclesiastical Crime, how punished,

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.
Enticing away Child, 884 b.
Enticing out of State, one to enlist as
soldier, 752 (3), note.

Entire Law, considered with specific
question, 238.

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,
261 (2), note.
Etiquette, law of, 10.

European Jurists, how regard intoxica Evil Tendency, substantive crimes
tion as excuse, 403.

Evidence, rule for, in United States
courts, 200; possession as, of having
procured, 204 (3); changing rule of,
after act, 279 (7)-281 a; of excusing
necessity, 352 (2); rebutting marital
coercion, 362; of capacity of infant for
crime, 370, 371; of insanity, 383-385,
387 (4), 388, 391; accessory may deny
principal's guilt, 669; waiver of objec-
tion to, 997 (4); of parties in own
causes, 973; of specific sales, to show
common seller, 1065.

Evidence in Civil Suit, plea of guilty
as, 977 (2).

Evidence Defective, not discharge jury
because, 1037 (2).

Evil, intensity of, in public crime, 235
(3), good from, 250, 251; varying
forms of the, intent, 291 a.

Evil on Face, and in intent, distin-
guished in forfeiture, 833 (2)-835.
Evil Imaginings, not punishable without
act, 204 (1), 209.

Evil Intent (see CORRUPT MOTIVE,
CRIMINAL, INSANITY, INTENT, PURE
MIND), magnitude of the, full, 216–222.
The, required in crime, full, (c. 18-29)
285-429; namely, general, 285-291b;
ignorance and mistake of law and fact,
292-312; carelessness and negligence,
313-322; producing unintended result,
323-336; more intents than one to
gether, 337-345, necessity and compul-
sion, 346-355; husband's coercion, 356-
366; infancy, 367-373; insanity, 374-
396 a; intoxication, 397-416; corpora
tions, 417-424; words indicating the,
425-429. More than one, operating
together, full, 337-345. No crime with-
out an, 205; purposely doing thing for-
bidden, 300; in accessory before, 675
(1); in misprision, 721 a; presumed to
intend what does, 734, 735; not alone
works forfeiture, 823 (2), 824 (2); in
nature of civil proceeding, 1074 (3)-
1076; in exposure of person, 1133.
Evil Intent and Act, must combine,

430.

Evil meant, good following, 438 (1).
Evil Mind, corporation may have, 417
(4).

Evil Motive, good from, 325, 326.
Evil Result, following act unintended,
327-332.

because of, 734 (2); evidencing evil
intent, 734 (1), 735 (1).

Ex Post Facto Laws, nullity of, full,
279-284.

Excessive Punishment, as cruel and
unusual, 947 (1, 2).

Exciting to Crime, guilty of, 640.
Execution, from clerk de facto, 464 (7),
note; rescuing goods in, 467 (2); levy-
ing, oppressively, 588.
Executive Officer, liabilities of, 463,

note.

Executive Pardon, wrongly granted,
926 (2).

Exorbitant Prices, innkeeper taking,
532 (1), note.

Expansions of Law, the, 20.
Expatriation, what right of, 512.
Expel Member, legislative body may,
461 and note.

Expert Witness, not charge jury as,
387 (4).

Experts, in insanity, 376 (4), note, par.
10; liable to err, 376 (4), note, 390, 391
(2).

Exposure of Person, full, 1125–1134;
to how many, 244 (2); of another's per-
son, 500 (2), 501 (1).

Exposure for Sale, of noxious food,
491 (1).

Express or Implied, waiver, either, 998
(1).

Expressed and Implied Malice, dis-
tinguished, 429 (3).

Extent of Incapacity, to commit
crime, 376 (3), 380 (1), 391 (2).
Extent and Sorts of punishment, full,
933-953.

Extortion, 573; why, 587 (1); forms of,
compounding, 715.

Extra-territorial Jurisdiction,

our

national, full, 109–123; States have not,

152.

Facilities, to wrong-doer, 262 (2).
Fact, mistake of, excusing crime, full,

301-310.

Fact for Jury, insanity is, 383-383 b,
396 a, 407.

Fact and Law, ignorance and mistake
of both, full, 311, 312; blending, in
question of insanity, 377, 383, 383 a.
Facts of Insanity, as to, 391 (1).
Fails with its Reason, rule of law,
273 (2), 275 (1).

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,
468 (4).

False Imprisonment, under mistake of
fact, 306; assault in, 548 (2); defined,
553 (2); procurer of, 686; in parental
correction, 882 (2), note.
False News, spreading, 472–477.
False Oath, why punish, 734 (2).
False Personating, 587 (2); of mu-
nicipal voter, 471, note.

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;
nature of, 585.

Falsehood, when not indictable, 582 (1).
Falsely Pretending Witchcraft, in

England, 593 (2).

Families, many, in one house, nuisance,
490 (2).

Father may defend son, 877 (2).
Favor of Court, asking, must have
clean hands, 256 (3).

Fear, in robbery, 438 (2); working on,
causing death, 562 (1); restraining con-
spirator, 639.

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).
Fighting, 535; death from, 870 et seq.

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
way, 931 (3), not cruel and unusual
punishment, 947 (3).

Fine and Costs, paid, as to civil suit,
266 (3).

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Fine and Imprisonment, for misde-
meanor, 940; under statute and,"
"or," 941.

Fine paid, effect of pardon on, 916 (3, 4)
Fines and Forfeitures, after pardon,
909 (2).

Fire, statutory precautions against, 1150.
Fire-arms, reckless use of, death, 314
(4).

First Degree Murder, indictment for,
conviction second degree, 797.

First Offence, conviction of, on indict-
ment for second, 795; pardon of, on
second, 919.

First and Second Degree Principals,
not in treason, 658; or misdemeanor,
656 (1).

Fish, statutes to protect, 516 (2).
Flight, from felony indictment, forfeit-
ure, 968 (1).

Florida, common-law crime in, 35, note.
Food, how criminal law protects supplies
of, full, 518–528, withholding from
child, 557.

within statute, 960 (2); as barring do-
mestic prosecution, 983-989.
Foreign Country, our authority over
acts in, full, 109–123.

Foreign Government, when our courts
take cognizance of, 119; acts disturbing
to our relations with, 484.
Foreign Judgment, as incapacitating
witness, 976 (1).

Foreign Larceny, and domestic, of same
goods, full, 137-142.

Foreign Law, with us, 21; illustrating
our criminal law, 41; not controls do-
mestic, 143; knowledge of, not pre-
sumed, 294 (2), note; our courts not
punish breaches of, 984 (2).
Foreign Minister, exemptions of, from
our laws, 126-128; assault on, 334 (4).
Foreign Official Person, libelling,
484 (2).

Foreign Port, vessels in, 117.

Foreign Power, when courts recognize,

119.

Foreign Ships, our right over offences
in, 112 (3), 114, 115, note, par. 9, 116-
120; seizing, on high seas, 120, note.
Foreign Sovereign, here, exempt from
our laws, 125; wrongful acts here by
command of, 132, 133.

Food in Charity, to felon, not makes Foreigners, whether and when, exempt
accessory, 694 (3), 695 (2).
from our criminal laws, full, 124–135.

Food and Clothing, parent's neglect to Forestalling, regrating, and engrossing,
provide, 883.

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
intent, 300

Force (see MENTAL, PHYSICAL), consent

obtained by, in burglary, 262 (4); physi
cal or mental, rule for each, 546; defend
property by what, 860-862; improper,
873 (1).

Force or Not, felony by, as to resisting,
853 (2).

Forcible Detainer, 536 (2); partici-
pants in, life taken by one. 633 a (4);
in defence of property, 861 (1)
Forcible Entry, by corporation, 422
(3): defined and limit of, 536 (3), 537.
Forcible Entry and Detainer, 536-
538, 577 (5).

Forcible Marriage, 555.

Forcible Trespass, 536-539.

suit, 273 (2); in this country, 273 (2),
616 (1), 970; for act lawful when done,
ex post facto, 279 (4); in mistake of
facts, 307 (2); act from necessity, 351;
wife, under absentee act, 365 (2); in-
fant, 369 (3); of office, on impeachment,
462, 463, or conviction for felony, 971;
riotous entry to enforce, 537; as test of
felony, 615 (2), 616 (1); as punishment
for crime, 824 (1), 835, 944; may be
pardoned, 909 (2); as to vested rights,
910; other than from attainder, 968.
Forfeiture of Citizenship, 947 (3).
Forfeiture and Corruption of Blood,

969, 970.

Forfeiture of Office, under impeach-
ment, 463; punishment by, 944 (2).
Forfeiture and Punishment, distin-
guished, 833-835.

Foreign Coin, procuring dies to counter- Forfeiture as Punishment, distin-
feit, 435 (3).

guished from forfeiture in rem, 824 (1).

Foreign Conviction. not first offence Forfeiture in Rem, pardon on, 911 (2)

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