ACCESSARYSHIP-Continued. wife is not liable as accessary, 243. conviction of principal primâ facie evidence of guilt, 244. indictment must be specific, 245. Principal's Liability for Agent. Where the agent acts directly under principal's commands, principal so when agent is in line of principal's business, 247. Misprision of felony is concealment of felony, 249. ACCIDENT, how far a defence, 169. ACCOMPLICE (see ACCESSARY, DECOY). ACQUIESCENCE does not constitute counselling (see VOLENTI NON FIT INJURIA), 227. when a defence in rape, 558-60, 577. when defence to an attempt, 189. ACT, GUILTY, causation of (see CAUSAL CONNECTION). responsibility for (see INSANITY). ADMIRALTY JURISDICTION, limits of, 269-72. ADMISSIONS, weight of, in proving marriage, 1700. ignorance of, no defence, 88. ADULTERER, guilty of larceny in stealing husband's goods, 917. ADULTERESS, guilty of larceny in stealing husband's goods, 917. Definition. Ecclesiastical law in this respect part of common law, 1717. by Roman law adultery is illicit intercourse with married women, 1718. when statute makes "adultery" alone indictable, it includes both sexes, living in adultery implies continuous living, 1721 a. Defences. Divorce is a defence, 1722. but not desertion, 1723. nor want of consent in participant, 1724. nor local or foreign custom, 1725. nor "honest belief" or ignorance, 1726. nor illusory marriage of defendant, 1727. Indictment. Allegation of marriage is essential, 1728. "commit adultery" is a sufficient description, 1729. defendants may be joined, 1730. scienter unnecessary, 1731. Evidence. Marriage must be proved as in bigamy, 1732. adultery to be inferentially proved, 1733. ADULTERY-Continued. confessions admissible, 1734. paramour as a witness for defence, 1735. husband and wife not witnesses at common law against each other, 1736. May be conviction of minor offence, 1737 one defendant only can be convicted, 1737, a. Attempts, Solicitations. Attempt to commit offence indictable, 1738. when solicitations indictable, 179 suggestions for defence, p. 582, vol. ii. ADVICE, when counselling, 228. AFFRAY, when indictable, 1551. "AGAINST THE WILL," meaning of (see RAPE, ROBBERY). When imputing guilt to principal, 247. larceny by, 960. embezzlement by, 1049, 1054. meaning of term, 1053 a. AGENTS. Bailees, and others appropriating Goods received bonâ fide. Statute covers cases of trustees or agents fraudulently appropriating goods received bona fide for principal, 1049. if case is larceny at common law, prosecution fails, 1050. officer may be a nomen generalissimum, 1051. trustee may include treasurer of bank, 1052. fraud to be inferred from circumstances, 1053. agents, 1053 a. copartners and members of common society not agents, 1054. person not capable of contracting may be bailee, 1056. goods need not have been received from prosecutor, 1057. indictment must conform to statute, 1060. special conditions of particular statutes must be satisfied, 1061. AGENTS' CRIMES, when imputable to principal, 278-9, 280 AGGRAVATED ASSAULTS, enumeration of, 640 a et seq. ALABAMA CASE, effects of arbitration as to, 1901–5. ALCOHOL, homicide through negligent administering of, 347. ALIENABLE RIGHTS, when to be waived, 143. ALIENS, when indictable for treason, 1806. when indictable in country of arrest, 281. ALIENS ABROAD, how far responsible to us, 284. local, when ground of prosecution, 282. ALMS-HOUSE KEEPER, may correct inmate, 635. AMBASSADORS, privileges of, 282, 1899. AMENTIA, effect of, 34. AMERICAN VESSELS, jurisdiction over, 270 et seq. ANIMAL, malicious mischief to, 1067, 1072, 1082 d. dangerous, homicide through, 357. ANIMUS FURANDI (see LARCENY). ANODYNES, effect of, as a defence, 66. ANSWERS IN CHANCERY, how proved, 1309. APARTMENT, burglary in (see BURGLARY). APOTHECARY, responsible for negligent homicide, 366-8. APPARENT ATTACK, when a defence, 493, 606. APPARENT MEANS, when indictable, 183. APPRENTICE, may be corrected by master, 634. misconduct to, 1563 et seq. ARDENT SPIRITS (see INTOXICATING LIQUORS). ARMS, DANGEROUS, when wearing, indictable, 1533, 1557. ARREST, homicide during, 402, 414, 429. ARREST, ILLEGAL, may be resisted, 648 Burning, what constitutes, 826. Intent, must be malicious, 829. to be inferred from facts, 831. Property burned, 833. includes house and contiguous warehouse, 833. but not deserted or unfinished dwelling, 835. Ownership, 836. Indictment, 839. Burning, with intent to defraud insurers, 843, 1894. suggestions for defence, p. 740, vol. i. ARTISTIC CRITICISM, when indictable, 1640. ASSAULT. An assault is an apparent violent attempt to do hurt to another, 603. frustration no defence, 605. apparent ability to hurt sufficient, 606. conditional threat of force may be an assault, 607. assault on a mass of people is assault on the individuals, 608. ASSAULT-Continued. assault may be inferred from facts, 609. administering poison may be an assault, 610. violence provocative of a breech of the peace may be an assault, 611. apparent effect must be injurious, 614. no defence that act was secret, 615. all concerned are principals, 616. any tactual application of force is a battery, 617. Pendency of civil prosecution no defence, 618. otherwise as to misadventure and casus, 620. attacks on property may be forcibly repelled, 621. intruders may be expelled from depot or other grounds, 622. and so has person controlling cemetery, 626. prior assault a defence, 628. defence of relative is in like manner justifiable, 629. exercise of legal right is no sufficient provocation, 630. peace and other officers may use force, 630, a. parents have right of proper correction, 631. and so have school-masters, 632. husband at common law may coerce wife, 633. so of master as to servant, and so as to officer of justice, 634. alms and poor-house keepers may restrain inmate, 635. assent a defence, 636. Indictment and Verdict. Enough to aver assault on designated party, 637. all concerned are principals, 688. when double blow is given both parties struck may be joined, 639. Assaults with Felonious Intent. Classified by statute, 640 a. intent to kill essential to indictments for assaults with intent to murder, 641. there must be apparent ability to consummate attempt, 642. touching not necessary to offence, 643. in indictment particularity of specification is not required, 644. indictment must conform to statute, 645 a. offence a misdemeanor and divisable, 645 b. Assaults with Dangerous Weapons. ASSAULT-Continued. Assaults on Officers when in Execution of Duty. Illegal official action may be forcibly resisted, 646. oppressed party in such case not confined to a resort to law, 647 Assaults in other Relations. when a defence to homicide, 456, 472. conspiracy to commit, 1354. with intent to ravish, 576. on foreign ministers, 1899. on crew, 1871 et seq. suggestions for defence, p. 616, vol. i. ASSEMBLY, unlawful, when indictable, 1535. ASSENT, a defence to assault, 636. when a defence in other cases, 141 et seq. (See CONSENT.) ASSIGNEE, larceny by (see LARCENY), 971. ASSISTANCE, effect of, in committing crime, 211. responsibility for (see ACCESSARY), 231. ATHLETIC SPORTS. Prize-fighters liable for manslaughter in cases of non-malicious killing, and so of participants in unlawful sports, 372. but not so in lawful athletic sports, 373. in practical jokes responsibility attaches, 373 a. Offence Generally. An attempt is an unfinished crime indictable at common law,173. mere words do not constitute an attempt, 174. not an offence to attempt to commit a non-indictable offence; attempts to attempt at negligence not indictable; intent is necessary to offence, 176. attempt must have causal relation with act, 178. solicitations not indictable, 179. mere preparations not indictable as attempts, 180. the attempt must have gone so far that the crime would have been com- means must be apparently suitable, 182. if means are apparently and absolutely unfit, there can be no attempt, 183. must be apparent physical capacity, 184. 865 |