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
Neglect Poor Parent Not Obliged to Borrow Money R v Vann 2
74
Abandonment of Wife People v Naehr 1 N Y Crim Rep 513
84
NOTES
93
Resisting Officer Rescuing Goods from Constable without Assault not
94
Presumption that Woman not Negro
104
CRIMES AGAINST SOCIETY AND THE LAWS OF NATURE 1108
108
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
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
PART I
152
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
NOTES PAGE
195
Embezzlement by Officers Construction of Statute United States v
197
Reed 2 Lowell 232
206
SECTION 382
211
Postoffice Laws Stealing from Letter after Delivery by Carrier United
220
22
226
Obstructing the Mails United States v McCracken 3 Hughes 544
232
SECTION 77a Person Must be Candidate
257
Revenue Law Carrying on Business without License United States v
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 Slay
323
Nuisance Public Health Burning by Order of Public Authorities
331
Revenue Law Failure to Obliterate Stamp United States v Buchanan
337
Perjury Oath must be required by Law Materiality People v Gaige
343
Blackmail Threatening Letter
351
Perjury Oath must be Required by Law Officer must have Jurisdiction
355
Perjury Officer must have Authority Extr judicial Oath United States
362
Perjury Officer must have Authority Stewart v State 6 Tex ┼pp
369
Perjury Statement must be Material Hembree v State 52 Ga 242
376
Perjury Materiality of Testimony Instructions Donohoe v State 14
383
Perjury Swearing to Opinion without Reasonable Cause Commonwealth
391
Perjury Inconsistent Statements Proof Schwartz v Commonwealth
400
Perjury Jurisdiction Bankrupt Law Repeal of Statute Anonymous
406
Subornation of Perjury Requisites of Crime United States v Wilcox
414
Common Barrator
416
Offer of Reward to Electors by Candidate
417
Prisoner on Bail Surrender by Sureties
418
102a Fees Must be Allowed by Law
419
Resisting Officer Must be an Officer
420
Officer Must have Process
421
Remonstrating with Officer Demanding His Number
424
Perjury and False Swearing Distinguished Texas Stat ute
426
287a Proof Insufficient 778
452
Disturbing Religious Worship Intention State v Linkhaw 69 N C
455
Trespass Entering Premises Without Force Temple v State 7 Baxt
462
Malicious Mischief Willful Intent Necessary Lane v State 16
470
Malicious Mischief Killing Horse to Protect Property Davis v State
476
Malicious Mischief Owner of Property Proof of want of Consent
484
Cruelty to Animals Catching Depredating Animal in Steeltrap
491
Slander Not an Indictable Crime State v Wakefield 8 Mo App 11
498
Slander Proof of Charge Conlee v State 14 Tex App 222
515
Libel Must Expose Person to Ridicule or Hatred People v Jerome i
521
Conspiracy Means must Defraud Indictment March v People 7 Barb
530
Conspiracy Combinations Among Workmen Commonwealth v Hunt 4
537
Conspiracy Victims Motive Illegal State v Crowley 41 Wis 33
550
Conspiracy Intent to Defraud Requisites of Crime United States v
559
Conspiracy Overt Act must be Averred or Proved Requisites of Indict
561
Conspiracy Acquittal of One Acquittal of All R v Manning
578
Demonstration of Force Essential
593
Forcible Detainer Personal Property 514
594
Wounding Animal not Indictable
595
Animals Statutory Construction
599
Conspiracy Participation Necessary
616
221a Same 618
617
Subornation of Perjury 619
621
Gaming What is not Keeping a Common GamingTable United
624
Gaming Permitting Minor to Play Billiards Conyers v State 50
636
Keeper of House of Entertaigment 759
639
Liquor Laws License to Keep Tavern is License to Sell Liquor
642
Liquor Laws Who is a Dealer Standford v State 16 Tex App
649
134a
650
LiquorLaws Selling Liquor on Physicians Prescription Druggist
655
Liquor Laws What are Intoxicating Liquors Question of Fact State
662
Liquor Laws Legal Holiday Indictment Ruge v State 62 Ind 388
670
Obstructing Public Road Must be Willful Schubert v State 16
679
Sabbath Breaking Necessity Need not be Absolute Wilkinson v State
692
Sabbath breaking Works of Necessity Running Railroad Trains Com
698
Game Laws Offering to Sell Birds Killed in another State Common
716
Nuisance Common Scold Slanderer and Brawler United States v Royall
725
Indecent Exposure Exposure to one Person Only Indictment Public
733
Nuisance Bawdyhouse Proof of Reputation of House Insufficient
739
Nuisance Common Prostitute Arrest in Public Streets R v Levecque
745
PAGE
748
469
748
Common Labor and Usual Avocation 780
752
Keeping Open Store 780
753
Noxious Smells 782
754
142
756
Outhouse where People Resort
759
Disorderly House Elements of the Crime 788
760
Public Piaces Lawyers oflice Doctors Office
761
391
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
Market Cart Obstructing Street
771
Illegal acts of Officers
773
House of IlFame One Act Insufficient
789
Reputed Character of Inmates not Suflicient Proof
790
Drunkenness not Indictable
791
Instruments to Prevent Conception
792
Lewdly and Laciviously Cohabiting
793
Obscene and Vulgar Language
794
Sending Unwholesome Provisions to Market
795
Vagrancy Who is a Vagrant Common Prostitute and Idle Persons
797
Minor Female Supported by Parents
799
NUISANCES 624800
800
DEFENCES
801
Arson Burning Jail to Escape Delaney v State 41 Tex 601
811
NOTES
818
BLACKMAILING AND THREATENING 824837
824
BURGLARY 838886
838
Burglary Guest in Inn Trespass ab initio State v Moore 12 N H 42
846
Burglary Breaking out Brown v State 55 Ala 123
852
Burglary Entering Necessary Insufficient Evidence Ross v State 16
859
Burglary Dwelling House State v Potts 75 N C 129
865
Burglary No Larcenous Intent Using Goods State v Ryan 12
872
Burglary Possession of Stolen Goods Insufficient Evidence People v
882
Constructive Breaking Enticing Owner Out of House 881
883
EMBEZZLEMENT 889954
887
397
888
Embezzlement Who is a Servant Distinction between Agent
889
Embezzlement Money Embezzled Must be Property of Prosecutor R v
895
Embezzlement Money or Property of Another Auctioneer Com
903
Embezzlement Requisites of the Crime Under Texas Code Grifin v
909
Embezzlement Fraudulent Misappropriation of Money by Attorney
927
NOTES
934
Servant Tradesman taking Goods to be Manufactured
936
Riot Unlawful Assembly State v Stalcup 1 Ired L 30 35 Am
939
Revenue Law Sale of Manufactured Tobacco United States v Veazie
950
Vagabond Common Prostitute 800
964
Disturbing Religious Worship Elements of the Offense Richardson v
971
753
981
Off his Premises 774
991
388
996
Court must have Jurisdiction 429
997
Mill Dam 278 Sunken Vessel 774
1006
236
1007

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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 594 - 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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