.

how far prisoner may waive his rights

672, 672 a
jury discharged with his concurrence defective verdict-
judgment vacated, &c.

673
judgment erroneously arrested on good indictment

674
new trial, pardon to the defendant

675
reason of the doctrine of waiver of rights

675 a
waiver goes only as far as relief sought

676
conviction of part, and acquittal of residue

676
verdict on part of the charge

676, 677
The Defendant's Jeopardy as Concerns his Fraud

678-679 a
fraud at the hearing, how

678
where a man procures himself to be indicted

679
general suggestions on the question of fraud

679 a
When the Offences are the same

680-691
no bar if not same offence

680
propositions resting on principle

680 a
variance
wrong county, &c. — the test

681
conviction for larger offence bars less

682
how, of conviction for less

682 a, 683
assault, conviction for it, death afterward

684
limit of the right to cut up offences

685
difficulty — illustrations

686-691
battery --- public way - larceny, &c.
·

686
burglary - larceny - robbery

687-689
same evidence may establish several crimes

690
sales, &c. of intoxicating liquor

690
several penalties for one crime in several suits

691
The Doctrine of Autrefois attaint

692

-

.

CHAPTER 48. ABATABLE NUISANCES AND FORFEITURES

WITHOUT CRIMINAL CONVICTION 693-703
property depends on the law for its existence

693
these forfeitures distinguished from other forfeitures

693 a
illustrations of being lost by not conforming to the law

694
forfeiture, either at once or after legal proceedings

695
none for intent, nor ordinarily for attempt .

696
may be withheld where no bad intent

697
not punishment for crime, though crime committed 698
illustrations — piratical aggressions

698
deodands

699
abatable nuisances

700, 701
other illustrations referred to

701 a
legislative forfeitures — constitutional restraints

CHAPTER 49. PARDON

703 4-715
subject simple in this country, though complicated in Eng-
land

703 a
what a pardon, and in whom is the power

704
when pardon may take place .

705
void, for what fraud, omissions, &c.

706
construction of pardon — promise, not pardon

707
what wrongs may be pardoned ..

708
penal actions -- fines — forfeitures — private rights 708, 709
when the right vests money paid over to the State

709
as to impeachments and contempts

710
conditional and partial pardons — operation not abridged 711
illustrations of conditions

712
effect of condition violated

712
direct effect of pardon

713
incapacity to be a witness, &c. - slander

714
corruption of blood - statutory consequences of crime

715

.

CHAPTER 51. SLAVERY

727-745

Introduction

727

731 et seq.

732,

The General Common Law Doctrines

728-740

question complicated with statutory provisions

728

chattel condition of slave

729

slave also a human being

730

consequences of the foregoing propositions

how far the English common law applies to slaves .

735

whether murder or manslaughter of slave at common law 733

right to chastise slave

734

assault, battery, and mayhem of slave

734

same by person not the owner

735

offences by slave under the common law of slavery

735

master commanding slave to commit crime

736

crimes by slaves and freemen jointly

736

slaves answerable to the general law for crime

737

relation of master and slave to be considered in weighing

crimes of each

738, 739

foregoing sufficient outline of doctrines

740

Statutory Offences by and against Slaves

741-745

there are statutes in all the slave States

741

different interpretations of them

741

various statutory provisions stated

742-744

concluding observations

745

.

VOL. I.

73

[ 865]

ALPHABETICAL INDEX

TO THIS VOLUME.

A.

ABANDONING.

(See CHILDREN)
ABDUCTION,

what - indictable, 412.

construction of English statute against, 557.
ABORTION,

what, and how punished, 386.
attempt to commit, woman need not be pregnant, 518.
murder in attempting, 255.

attempt by “medicine or other thing,” 527.
ABSURDITY,

not presumed in a statute, 66.
ABUSE,

of family, when not indictable, 399.
ACCESSORY, (See PRINCIPAL AND ACCESSORY — ACCESSORY BE-

- AccesSORY AFTER.)
meaning of the term, and the law relating to, 466-500.

(See ANALYTICAL INDEX, C. 36.)
how distinguished from principal, 457–461.
one is, who entices another to a place to be murdered, 266.
to one person, conviction for, when proof of more persons, 536.
cannot be convicted of, on charge as principal, 542.

FORE-