Where the Act is divided between several Counties only what is necessary to the offence in the county As to Accessories in Felony When there is an Election as to the County quasi territorial jurisdiction over sea further out Our Government over Citizens abroad. general doctrine-difficulty of the subject our courts cannot sit, our laws not operate, in a foreign coun- 581 581 foreign merchant ship not exempt Crimes both here and elsewhere committed . embassadors, their attendants, domestics, &c. . killing men in war, &c. privateer aggressing on nation not commissioned against acts done here by command of foreign sovereign fugitives from the justice of a foreign State larceny in one country or State and the goods carried into 586 587 secretary of legation 592, 592 a generally, if offence in one State, immaterial what in whether one is subject to the laws of his State while abroad. jurisdiction over Indian territory general views 601-603 a 601 601 602 603 603 a 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 meaning of the words "high seas" The Jurisdiction arising from the Subject nature of offence may determine which government is same act offence against both governments The Jurisdiction proceeding from the Parties States and United States may each appropriate persons to 609, 610 .612-613 a 612 613, 613 a 614-616 614 whether defendant can take advantage of error in his favor 620 621 - each suffers the whole punishment — judgment several rule, in civil jurisprudence, different how, in penal actions 626 626 627 and note 628 629 630 631 631 a 632 633 634 635 636 636 a-639 636 a-638 : 637 . 638, 639 CHAPTER 46. THE CONSEQUENCES BY LEGAL IMPLICA- TION Corruption of Blood and Forfeiture 640-648 640-643 attainder and its consequences-corruption of blood attaches to persons convicted of infamous crimes, and why may make affidavits, &c. in their own cases common law rule against being twice put in jeopardy whether our constitutions alter the common law doctrine 651 652 but law of nations prevents convictions both at home and 653, 654 how where same act is an offence both against one of our 3d. how the rule binds defendants and government severally 657, 658 binds government-no steps against defendant can be taken backward When the Jeopardy Attaches to the Defendant must remember question one of constitutional law after jeopardy attaches, no second jeopardy after that, no nol pros. &c. observations of judges contrary to this view reason why this view is correct 657 658 658 a-671 f for the jeopardy ever to attach, the preliminaries must not no jeopardy where indictment is defective in form how when judgment is rendered on invalid indictment other impediments than constitutional to rehearing defects neither of record nor apparent 667 et seq. after jeopardy without conviction, prisoner entitled to dis- 669 difference between misdirection of judge and misconduct of 670 juror found not sufficiently sworn, insane, incompetent, &c. 670 a 671 671 a-671 f The Defendant's Jeopardy as Concerns his Waiver of Rights 672-677 |