Defences to Crime: Special defences to crimes against the public

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Sumner Whitney, 1885

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Incest Cohabitation Between Father and StepDaughter Chancellor v
56
Miscegnation When Crime not Committed Negro White Person
62
Neglect to Supply Food to Infant Master and Servant Infant Must
68
Abandonment of Wife People v Naehr 1 N Y Crim Rep 513
84
NOTES
93
PAGE
94
Disturbing Religious Worship Intention State v Linkhaw 69 N C
102
Presumption that Woman not Negro
104
CHAPTER II
109
Treason Levying War What does not Amount to Treason Ex parte
113
Piracy Elements of the Offense Construction of the United States
122
Elections Residence Removal Qualifications Maddox v State 32
132
SECTION 382
135
Elections Betting on Election State v Henderson 47 Ind 127
136
Elections Refusing to Answer Questions United States v Davis 6
142
Elections Bribing Qualified Voter United States v Hendric 2 Sawy
151
Counterfeiting Coins must Deceive and must be Similar to Genuine Ones
154
Counterfeiting Intent not to Circulate United States v King 5 McLean
163
Issuing Money Obligations Payable in Goods United States v
170
Enticing Seamen to Desert Who Punishable United States v Thompson
176
Pension Laws Retaining Pension Money by Agent United States v
184
Withholding Pension Money Construction United States v Benecke
192
Malicious Injury Dog Pursuing Game
194
Embezzlement by Officers Construction of Statute United States v
197
Revenue Law Failure to Notify of Manufacture of Still United States
206
Defence of Property
209
Newspaper Comments Criticism
215
Revenue Law Failure to Obliterate Stamp United States v Buchanan
218
Postoffice Laws Stealing from Letter after Delivery by Carrier United
220
Postoffice Laws Stealing Letter after Delivery United States v Dris
226
Obstructing the Mails United States v McCracken 3 Hughes 544
232
SECTION 77a Person Must be Candidate
257
82f Having Used Stamp in Possession
265
83e Prying Into Correspondence Agent Opening Principals
272
CHAPTER III
286
Escape Warrant Must be Valid Housh v People 76 Ill 487
294
Escape Conveying to Prisoner any Instrument etc Calculated to
302
Extortion What is official Extortion Smith v State 10 Tex App
310
Officers Official Misconduct Watson v State 9 Tex App 212
317
Officer Must have Authority
321
Resisting Officer Officer Exceeding his Authority United States v Fears
324
Reilly
339
Perjury Officer Administering Oath must have Authority Lambert v
347
Blackmail Threatening Letter
351
Perjury Oath must be Required by Law Officer must have Jurisdiction
355
Perjury Omicer must have Authority Extr 1judicial Oath United States
362
Perjury Officer Administering Oath must have Authority Biggerstaff v
371
Perjury Sending False Affidavit to Pension Office Materiality United
378
Perjury Fraudulent Intent Necessary United States v Stanley 6
388
Perjury Corroboration Required People v Stone 2 N Y Crim Rep 445 396
398
Perjury Jurisdiction Bankrupt Law Repeal of Statute Anonymous
404
Subornation of Perjury Requisites of Crime United States v Wilcox
412
Common Barrator
416
396
427
403
433
Disturbing Religious Worship Mitigation Calvert v State 14
457
Trespass Removing Obstructions State v Parrott 71 N C 311
463
Malicious Mischief Willful and Wanton Killing Defence of Property
495
Malicious Mischief Owner of Property Proof of want of Consent
512
Cruelty to Animals Catching Depredating Animal in Steeltrap
519
Cruelty to Animals Shooting Pigeons at Match State v Bogardus 4
529
Libel Words must be Defamatory Per se People v Isaacs 1 N Y
545
Conspiracy Means must Defraud Indictment March v People 7 Barb
558
Conspiracy Overt Act must be Averred or Proved Requisites of Indict ment in United States Courts United States v Walsh 5 Dill 58
561
Conspiracy Requisites of Offense United States v Goldberg 7 Biss 175
565
Conspiracy Combinations Among Workmen Commonwealth v Hunt 4
569
Conspiracy Victims Motive Illegal State v Crowley 41 Wis 33
578
Affray Place Must be Public
580
Constituents of the Offense
582
Oficers Excepted
591
Gaming Permitting Minor to Play Billiards Conyers v State 50
636
133
649
Lottery PoolSelling Not a Lottery People v Reilly 50 Mich 384 45
667
Liquor Laws Who is a Dealer Stand ford v State 16 Tex App
677
134a
678
LiquorLaws Selling Liquor on Physicians Prescription Druggist
683
Liquor Laws What are Intoxicating Liquors Question of Fact State
694
Obstructing Public Road Road Must be Public Day v State 14
706
Sabbath Breaking Necessity Need not be Absolute Wilkinson v State
720
Sabbath breaking Works of Necessity Running Railroad Trains Com
726
Nuisance Public Health Burning by Order of Public Authorities
738
Game Laws Offering to Sell Birds Killed in another State Common
744
Nuisance Common Scold Slanderer and Brawler United States v Royall
753
Keeper of House of Entertaigment
759
Indecent Exposure Exposure to one Person Only Indictment Public
761
Clubs
762
Acts of Hospitality
763
Sale to Minor as Parents Agent
764
Selling Liquors near School
765
House Saloon Building
766
Road Must be Legally Established
767
Fence Bar or other Impediment║
770
Nuisance House of Illfame Proof Must be of Acts and not of Repute
771
Illegal acts of Officers
773
PostOffice Carrier
775
287a Proof Insufficient
778
Common Labor and Usual Avocation
780
Must Annoy Whole Community
781
Noxious Smells
782
142
784
Disorderly House Elements of the Crime
788
Disorderly House Must be a Common Nuisance
789
391
790
Neglect Poor Parent Not Obliged to Borrow Money R v Vann 2
814
Insufficient Proof 790
818
Drunkenness not Indictable 791
819
Instruments to Prevent Conception 792
820
Living Together in Open State of Fornication 792
821
Obscene and Vulgar Language 791
822
321a Isolated Act not Indictable 794
823
Vagrancy Who is a Vagrant Common Prostitute and Idle Persons 797
825
Minor Female Supported by Parents 799
827
CHAPTER VI
829
Arson Burning Jail to Escape Delaney v State 41 Tex 601 811
843
Burglary Breaking out Adkinson v State 5 Baxt 363
849
BLACKMAILING AND THREATENING
852
BURGLARY
866
Burglary Entering Necessary State v McCall 4 Ala 643 853
881
Burglary Servant Louder v State 63 Ala 143 856
882
Burglary Dwelling House State v Potts 75 N C 129 865
882
Burglary No Larcenous Intent Using Goods State v Ryan 12
882
Burglary Possession of Stolen Goods Insufficient Evidence People v
882
332
886
EMBEZZLEMENT
887
Embezzlement Money Embezzled Must be Property of Prosecutor R v
895
Embezzlement Money or Property of Another Auctioneer Com
903
Disturbing Religious Worship Must be Willful Wood v Slate 16
909
Embezzlement Fraudulent Misappropriation of Money by Attorney
927
NOTES
934
Servant Tradesman taking Goods to be Manufactured
936
820
955
Vagabond Common Prostitute 800
964
608
969
NOTES
975
Gaming Not a Commonlaw Offense
981
Off his Premises 774
991
Mill Dam 278 Sunken Vessel 774
1006

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Halaman 165 - States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Halaman 218 - All laws should receive a sensible construction. General terms should be so limited In their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the Legislature Intended exceptions .to Its language, which would avoid results of this character. The reason of the law, in such cases, should prevail over its letter.
Halaman 596 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
Halaman 172 - That any person that shall knowingly make a false affidavit for such purpose shall be deemed guilty of perjury and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or by both such fine and imprisonment, within the discretion of the court.
Halaman 538 - If two or more persons conspire either to commit any offense against the United States or to defraud the United States In any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not more than ten thousand dollars, or to Imprisonment for not more than two years or to both fine and Imprisonment In the discretion of the court" Section 5445 of the Revised Statutes of the United...
Halaman 135 - Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters ; which registration shall be completed at least ten days before each election.
Halaman 515 - Without attempting to review and reconcile all the cases, we are of opinion, that as a general description, though perhaps not a precise and accurate definition, a conspiracy must be a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.
Halaman 240 - ... be concerned in the furnishing, fitting out, or arming, of any ship or vessel, with intent that such ship or vessel shall be employed in the service...
Halaman 498 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall establish on the trial that it was so published or spoken.
Halaman 307 - Any collector, deputy collector, or inspector may enter, in the day-time, any building or place where any articles or objects subject to tax are made, produced, or kept, within his district, so far as it may be necessary, for the purpose of examining said articles or objects.

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