TENNESSEE, homicide statute of, 376. "TENOR," meaning of, 737. TERRITORIAL JURISDICTION, theory of, 284, note. TERROR, death through, 164. TEXAS, homicide statute, 377. THEATRE, disturbance of audience in, 1353, 1543. when conducing to robbery, 851, 852, 1664. length of, no defence to nuisance, 1415. a defence to malicious injury, 1072 a, 1077. TOWN OFFICERS, indictable for embezzlement, 106. indictable for neglect as to highways, 1584 a. false, when cheats at common law, 1125. negligence in running, 337. "TRAMPS," right to arrest, 441. TRANSPORTATION, in larceny, how affecting jurisdiction, 291. TRAPPING ANIMALS, when larceny, 925. TRAVEL, interference with (see NUISANCE), 1474. TRAVELLER, commercial, when guilty of embezzlement, 1021. Treason against the United States. Constitution and statutes, 1782. constitutional and statutory definition of treason, 1782. misprision, 1784. seditious conspiracy, 1785. enlisting persons to serve against United States, 1786. offence of persons so enlisted, 1787. aiding in rebellion, 1788. corresponding with foreign government, 1789. common law offence consists in levying war or in adhering to enemies, 1790. TREASON-Continued. Levying War. Term to be accepted in its prior judicial meaning, 1791. all concerned in levying war are principals, 1792. but there must be an overt act of war, 1793. number engaged is not material, 1794. Direct levying of war is attack on government's forces or ports, 1795. but war to effect private ends is not treason, 1797. not necessary to treason that a battle should be fought, 1798. This clause does not cover aid or sympathy given to a rebellion, 1801. obedience to de facto government is a defence, 1803. and so of compulsion, 1803 a. home government may punish its subjects for political offences abroad, and so for intra-territorial offences by aliens, 1805. Indictment. Overt acts must be laid in indictment, 1806. Confederacy must be proved, 1807. must be two witnesses to one overt act, 1808. confessions admissible as corroborations, 1809. place of overt act has jurisdiction, 1810. no defence that defendant believed he was exercising a right, 1811. Such treason is an offence at common law, 1812. no recent convictions of this offence, 1813. does not necessarily include treason against the United States, 1814. otherwise when United States interposes, 1816. is not absorbed in treason against United States, 1817. all are principals in, 224. venue in case of, 287. TREASON ABROAD, jurisdiction over, 274. TREASURE TROVE, not subjects of larceny, 863. TREES, malicious injury to, 1067, 1082 c. TRESPASS, conspiracy to commit, not indictable, 1350. no defence to murder, 462, 500. when malicious mischief, 1068. distinguished from larceny, 885 et seq. TRESPASSER, may be removed by force, 624. "TRUSTEE," meaning of term, 1052. Trustees 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 falls, 1050. officer " may be a nomen generalissimum, 1051. "trustee" is one holding property for another, 1052. "agents," 1053 a. no defence that money received was under restricted limit, 1026. if case is larceny at common law it is not embezzlement, e. g., where goods embezzlement covers only cases which common law larceny does not diverging views in New York, 1029. fraud is to be inferred from facts, 1030. no defence that money was received from another servant, 1031. goods must have been received on account of master, 1032. goods must not belong to the defendant, 1033. middleman may be prosecutor, 1034. corporation may be prosecutor, but not illegal corporation, 1035. no defence that a worthless security was given in place of that embez- conversion of produce enough, 1037. no defence that principals have no title to money, 1038. no defence that a trap was laid for the defendant, 1039. defendant may be tried in any place of embezzlement, 1040. embezzlements created by federal statutes must be tried in federal courts, simultaneous embezzlements may be joined, 1042. fiduciary relations must be averred, 1043. goods embezzled must be accurately stated, 1044. copartners and members of common society not "agents," 1054. "bailee" to be used in restricted sense, 1055. person not capable of contracting may be bailee, 1056. goods need not have been received from prosecutor, 1057. some act of conversion must be in jurisdiction, 1059. indictment must conform to statute, 1060. special conditions of particular statutes must be satisfied, 1061. TRUSTEES, larceny by or from (see LARCENY). TRUTH, admissibility in libel (see LIBEL), 1643. TURKEYS, larceny of, 871. TURPENTINE, may be subject of larceny, 865. UNCONSCIOUSNESS, as a defence, 66. rape effected through, 562. UNDERWRITERS, burning vessel, with intent to defraud, 843. UNDERWRITERS-Continued. destroying vessel, with intent to defraud, 1894. UNINTENDED HOMICIDE, how far imputable, 315, 317-18, 320. specification of statutory jurisdiction, 256-62. UNITED STATES JURISDICTION, through consuls, 273. UNKNOWN OWNERSHIP, how laid, 949. UNLAWFUL ASSEMBLY, when indictable, 1535. when threatening to charge is robbery, 852. selling indictable, 1434. USURPATION OF OFFICE (see ELECTIONS, TREASON), 1838 b. USURPING COMMAND OF SHIP, 1876. UTILITARIANISM, a ground for self-defence, 97, note. UTTERING FORGED PAPER OR COUNTERFEIT COIN (see FOR- VAGRANTS, right to arrest, 441. VALUE, essential to larceny, 882 b. VALUE OF CHOSES IN ACTION, how proved, 882. VALUE OF GOODS, how to be averred (see LARCENY), 951. VARIANCE in indictment of murder, 520. VEGETABLES, when subjects of larceny, 860. VENDEE, larceny from (see LARCENY), 971. in liquor cases, when indictable, 1529. VENUE in conspiracy, 1397. in false pretences, 1206. in cases of uttering forged paper, 711. VERDICT, in attempt, 199. in conspiracy, 1407. in homicide, 541. conviction or acquittal of manslaughter acquits of murder, 541. jury may convict of minor degree, 542. verdict must specify degree, 543. at common law can be no conviction of assault on indictment for murder, 544. in excusable homicide verdict is not guilty, 545. may be accessary to murder in second degree, 546. when requisite, verdict must designate punishment, 547. in cases of accessaries, 239. in murder, should specify degree, 394. in larceny, 980. VESSEL, destroying with intent to defraud underwriters, 1894. offences on board (see CONFINING MASTER, JURISDICTION, MALTREAT- VIGNETTES, need not be given in indictment, 731. VIRGINIA, homicide statute of, 276 et seq. VOLENTI NON FIT INJURIA. A party may by assent to an injury bar a prosecution - Volenti non fit but not as to public criminal immoralities, 142. nor as to inalienable rights, 143. consent will not excuse the taking of life, 144. nor the deprivation of liberty, 145. nor waive constitutional rights of trial, 145 a. capacity to consent and actual consenting requisite, 146. trap laid by prosecutor not ordinarily a defence, 149. VOLUNTEERING IN FOREIGN WAR, when indictable, 1904. Voting, a public franchise, 1832. conspiracy to interfere with, indictable, 1372, 1373. violent interference with, a common law offence, 1848 a. illegal voting a misdemeanor, 1832 a. proof to be the best obtainable, 1832 b. no defence that election was voidable, 1833. no merger in perjury, 1834. ignorance of disqualification no defence, 1835. Indictment must aver election, 1836. must specify disability, 1837. double voting to be specified, 1838. statutory terms must be used, 1838 a. Indictment against Officers. Usurpation of office indictable, 1838 b. defendants cannot be joined, 1839. indictment may be single, 1840. fraud or breach of duty must be specially averred and proved, 1841. U. S. marshal limited by statute, 1841 a. duty must be specified, 1842. office to be averred, 1843. and so of scienter, 1844. Evidence. Sufficient to prove officer to be acting as such, 1845. where there is discretion, no liability for errors of judgment, 1846. Attempt. Attempt is at common law indictable, 1847. Bribery by Candidates. Corruption by candidates indictable, 1848. |