ERROR- writ of, 408. jurisdiction in error under supreme court of judicature acts, 409. ESCAPE, 68. distinguished from breach of prison and rescue, 68. by private individuals, 69. aiding to, 69. ESTREAT: v. RECOGNIZANCES. EVIDENCE- definition of, 362. burden of proof on prosecution, 362, n. what must be proved, 365. what may not be given in evidence, 368. when allowed, 368. evidence of good character, 369. of bad character, 369. effect of evidence of character, 370. best evidence must be given, 370. as to written documents, 370. hearsay no evidence, 371. why rejected, 371. when it may be given, 371. testimony given by deceased witness, 372, n. deposition of those ill or deceased given in evidence, 373. confessions, 373. confession before magistrates, 373. circumstantial or presumptive evidence distinguished from rect, 374. circumstantial evidence, conclusive or presumptive, 376. presumptions classified, 376, 377, n. written evidence, 377. records, 377. acts of parliament, 377. other records, 377. in the United States, 378. previous conviction, how proved, 378. matters quasi of record, 379. di- perpetuating the testimony of witness whose death is appre hended, 379. written documents of private nature, as deeds, 380. handwriting, how proved. 380. points in which rules of evidence in civil and criminal cases EXAMINATION— of witnesses, by grand jury, 286. order of examination by counsel, 334, 353. what witnesses must be called, 353. ordering witnesses out of court, 354. functions of counsel for prosecution, 354. for defense, 354. rules founded on principle that witness is favorable to party call- ing him, 355. examination-in-chief. 355. questions must be relevant, 355. EXAMINATION-Continued. leading questions not allowed, 355. exceptions, 356. witness must testify from own knowledge, 356. contents of written documents, how proved, 356. cross-examination, 357.. limits and extent of, 358. re-examination, 360. questions put through judge, 261. objections to questions, how made, 361. recalling witness, 361. EXCEPTIONS- bill of, 412, 413. none in the federal courts, 414. EXCUSABLE HOMICIDE, 127. distinguished from justifiable homicide, 127. homicide in self-defense, 128. by misadventure, 130. by correction, 164. whilst doing another act, 165. EXECUTION OF CRIMINAL: v. JUSTIFIABLE HOMICIDE. EXECUTION of deed- how proved, 422. EXEMPTIONS— from criminal responsibility, 19. EXPERTS- evidence of, 356. as to handwriting, 221. EXPRESS MALICE, 17. FABRICATION— what will constitute, in forgery, 219. embezzlement by, 188. charging property intrusted, 188. FALSE IMPRISONMENT, 157. FALSE PRETENSES- obtaining goods or money by means of, 194. some coining offenses might be dealt with as, 58. hard to distinguish from larceny and from non-criminal lie, 169, on indictment for larceny, not acquittal because it turns out to be the pretense must be of an existing fact, 195. what misrepresentation amounts to, 195, 196. breach of warranty, etc., 196. must induce the parting with the goods, 196. sufficient, though other circumstances constitute, 197. not criminal, if one thereby obtains only what is his own, 197. false pretense need not be expressed in words, 197. when defendant should be indicted for forgery, 197. FALSE PRETENSES-Continued. the intent to defraud, 197. need not be to defraud a particular person, 198. fraudulent winning at play punished as, 198. inducing, by fraud, the execution of valuable securities, 198. of public company, 190. of company wound up, 191. FEAR OF EXCESSIVE AND UNLAWFUL HARM- as an exemption from criminal responsibility, 31. "FELONIOUSLY "— applied by statute to an act makes it a felony, 10. distinguished from misdemeanor, 9. origin of the term, 10. further points in which it differs from misdemeanor, 11. misprision of, 87, 5. general punishment for, by statute, 396. in the United States, 9. FEME COVERT: . WIFE. FERE NATURE, ANIMALS— FICTITIOUS PLAINTIFF— suing in name of, 84. FINDING- larceny on, 172. FISH- taking or destroying, 164 FIXTURES- larceny of, 159. FORCIBLE ENTRY AND DETAINER, 103. FOREIGN ENLISTMENT ACT: v. NEUTRALITY LAWS. FORFEITURE- abolition of, on conviction, 11, 404. of office, on conviction for treason or felony, 404. definition of, 214. connection with false pretenses, 197, 214. instruments dealt with in the forgery acts, 215. forgery at common law only a misdemeanor, 218 the fabrication necessary, 219. alteration, 220. proof of handwriting, 220. the intent to defraud, 221. no person need be defrauded, 221. FORGERY-Continued. the uttering, 222. when a tender will suffice, 222. kindred offenses relating to exchequer bills, etc., 223. demanding, etc., by means of forged instrument, 225. FURIOUS DRIVING, 120. GAME- offenses relating to, 140. GAMING, 115. winning by fraud, 116. GAMING-HOUSE, 116. steps taken by legislature to suppress, 116. evidence as to character of the house, 117. GENERAL ISSUE- of not guilty, 314. advantage of pleading this, 315. what the prosecutor must prove, and what may be urged by the prisoner, 315. form of, on record, 315. GOOD BEHAVIOR- security for, 233, 234. in the United States, 237. forfeiture of recognizances, 234, 236. GRAND JURY- can not ignore bill on ground of insanity, 26. prosecution with or without previous finding by, 260. sworn and charged, 286. examination of witnesses by, 287. finding by, 287. in the United States, 289. GRAND DISTINGUISHED FROM PETTY LARCENY, 165. in the United States, 166. GUILTY, PLEA OF: v. CONFESSION. GUILTY KNOWLEDGE- in receiving stolen goods, 181. in uttering forged instrument, 223. evidence of other offenses allowed in proof of, 368. HABEAS CORPUS- removal of defendant to plead, 291. HABEAS CORPUS AD TESTIFICANDUM, 352. copy of warrant of commitment to accused, 255. HANDWRITING- proof of, in forgery, 220. HARD LABOR— punishment of, 400. two classes, 401. HEARING OF THE CASE, 331: v. TRIAL. HEARSAY- no evidence, 371. reason for rule, 371. when allowed, 371. HERESY, 67. HIGH COURT OF JUSTICE: v. SUPREME Court of JUDICATURE ACTS. offenses against the law of nations committed on, 43. robbery on, or piracy, 44, 45. offenses committed on, where tried, 45. HIGH TREASON, 46, n. : v. Treason. HIGHWAYS- nuisances to, 118. HOMICIDE, 125. malice presumed, 125. justifiable (q. v.), 125. excusable (q. v.), 127. suicide, 131. murder, 132. manslaughter, 139. classification according to the various states of mind, 145. HORSE-- stealing, 165. in Michigan, 204. in Iowa, 205. in Ohio, 205, distinguished from burglary, 210, 212. punishment, 211. HOUSEBREAKING INSTRUMENT- being found at night with, 210. HUE AND CRY- arrest on, 252. HUSBAND- can not steal property of wife, 172. can not be witness against wife, 344. except in two cases, 344. the rule in Iowa, 344. IDIOT- exempt from criminal responsibility, 22. as an excuse for crime, 30. |