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OF

INDICTMENTS AND PLEAS,

ADAPTED TO THE USE BOTH OF THE

COURTS OF THE UNITED STATES

AND THOSE OF ALL THE

SEVERAL STATES:

TOGETHER WITH NOTES ON

CRIMINAL PLEADING AND PRACTICE,

EMBRACING THE

ENGLISH AND AMERICAN AUTHORITIES GENERALLY.

AUTHOR OF

BY

FRANCIS WHARTON, LL. D.,

A TREATISE ON AMERICAN CRIMINAL LAW;" "A TREATISE ON THE
LAW OF HOMICIDE IN THE UNITED STATES;

66

A TREATISE ON

MEDICAL JURISPRUDENCE," ETC., ETC.

THIRD AND REVISED EDITION.

VOL. II.

PHILADELPHIA:

KAY AND BROTHER, 17 & 19 SOUTH SIXTH STREET,

LAW BOOKSELLERS, PUBLISHERS AND IMPORTERS.

1871.

Entered according to the Act of Congress, in the year 1848, by

KAY AND BROTHER,

in the Office of the Clerk of the District Court of the United States in and for the Eastern District of Pennsylvania.

Entered according to the Act of Congress, in the year 1857, by

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in the Office of the Clerk of the District Court of the United States in and for the Eastern District of Pennsylvania.

Entered according to Act of Congress, in the year 1871, by
KAY AND Brother,

in the Office of the Librarian of Congress, at Washington.

RIVERSIDE, CAMBRIDGE:
PRINTED BY H. O. HOUGHTON and COMPANY.

ANALYTICAL TABLE,

BOOK V.

OFFENCES AGAINST SOCIETY.

CHAPTER I.

PERJURY.

(577) General frame of indictment. Perjury in swearing an alibi for a felon.

(578) Swearing as to age in procuring money of the United States in enlisting in the navy of the United States.

(579) At custom-house, in swearing to an entry of invoice, intending to defraud the United States, &c., under Act of March 1st, 1823.

(580) In justifying to bail for a party after indictment found, &c. (581) In giving evidence on the trial of an issue on an indictment

for perjury.

(582) On a trial in the Supreme Judicial Court of Massachusetts, on a civil action.

(583) For perjury committed in an examination before a commissioner of bankrupts.

(584) Against an insolvent in New York, for a false return of his creditors and estate.

(585) Against an insolvent in Pennsylvania, for a false account of his estate.

(586) False swearing in answering interrogatories on a rule to show cause why an attachment should not issue for a contempt in speaking opprobrious words of the court in a civil suit.

(587) In charging J. K. with larceny before a justice of the peace. (588) In charging A. N. with assault and battery before a justice.

(589) In false swearing by a person offering to vote, as to his qualifications when challenged.

(590) In an affidavit to hold to bail, in falsely swearing to a debt. (591) False swearing to an affidavit in a civil cause in which the

defendant swore that the arrest was illegal, &c. The

perjury in this case is for swearing to what the defendant did not know to be true.

(592) Perjury, in an answer sworn to before a master in chancery. (593) Perjury before a grand jury.

(594) In answer to interrogatories exhibited in chancery. (595) Committed at a writ of trial.

(596) Falsely charging the prosecutor with bestiality, at a hearing before a justice of the peace.

(597) Subornation of perjury in a prosecution for fornication, &c. (598) Subornation of perjury on a trial for robbery, where the prisoner set up an alibi.

(599) Subornation of perjury in an action of trespass.

(600) Corruptly endeavoring to influence a witness in the U. S.

courts.

(601) Endeavoring to entice a witness to withdraw himself from the prosecution of a felon.

(602) Persuading a witness not to give evidence against a person charged with an offence before the grand jury. (603) Inducing a witness to withhold his evidence as to the execution of a deed of trust, in Virginia.

(604) Endeavoring to suborn a person to give evidence on the trial of an action of trespass, issued in the Supreme Judicial Court of Massachusetts.

(605) Soliciting a woman to commit perjury, by swearing a child to an innocent person, the attempt being unsuccessful. (606) Soliciting a witness to disobey a subpoena to give evidence before the grand jury.

CHAPTER II.

CONSPIRACY.

(607) General form. Unexecuted conspiracy.

(608) Conspiracy with overt act.

(609) Conspiracy to rob.

(610) Conspiracy to murder, with an attempt to induce a third

party to take part in the same.

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