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Assault with beating and wounding on the Assault on officers of justice, see

high seas, 231

assault on high seas, by binding the
prosecutor and forcing an iron
bolt down his throat, 232
stabbing with intent to wound,
under Ohio stat., p. 49, sec. 6,
233

shooting with intent to wound, un-

der Ohio stat., p. 49, sec. 6, 234
assault on high seas, with danger-
ous weapon, 235

another form for same, 236

same in a foreign port, the weapon
being a Spanish knife, 237

Second count, same as first,
charging the instrument dif-
ferently, 238

Third count. Assault with in-
tent to kill, 239

assault and false imprisonment at
common law, 240

assault and false imprisonment,

with the obtaining of five dol-
lars, 241

assault with intent to murder at
common law, 242, see 1046
assault with intent to drown, 244
assault with intent to murder under
the New York Rev. stat., 245
Second count. With intent to
maim, 246

assault with intent to commit a
felony generally, 247

felonious assault under the Massa-
chusetts statute, 248

assault with intent to murder in
South Carolina, 249

felonious assault with intent to rob,

being armed. Rev. sts. of Mass.,
ch. 125, § 14, 250

assault with intent to rob, against
two, 251

another form for same, 252

assault with intent to ravish, 253
same, under Rev. sts. of Mass., ch.
125, § 19, 254

assault with intent to rape, under
Ohio stat., p. 48, sec. 4, 255
another form for assault with in-
tent to ravish, 256

same against two, 257

same against a person of color, in
North Carolina, under the statute,
258

indecent assault, 259

indecent assault with intent to
have an improper connection,
260

indecent assault by stripping, 261
assault with intent to rape. At-
tempting to abuse a female under
ten years of age, under Ohio stat.,
p. 48, sec. 4, 262

with intent to steal, 263

"Resist-

ance to Officers of Justice."
assaults with attempts to commit
offences, see Attempts,"
" &c.

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on pregnant women, see "Abortion."
Assembly, unlawful, indt. for, 851
Attempts to commit offences, how far in-
dictable, 1046

Indictments:

attempt to commit an offence in
Massachusetts, 1046

attempt to burn dwelling-house.
Rev. sts. of Mass., ch. 133, § 12,
1047
attempt to burn a dwelling-house
in the night-time, by breaking
and entering a building, and set-
ting fire to the same. Rev. sts.
of Mass., ch. 133, § 12, 1048
attempt to commit a larceny from
the person of an individual, by
picking his pocket. Rev. sts. of
Mass, ch. 133, § 12, 1049
attempt to commit arson, &c., in
New York, under 2 Rev. stat. 698,
s. 3, 1050

First count, attempt to set fire,
&c.

Second count. Soliciting an-
other to commit arson, &c.,
1051

attempt to set fire to a house, at
common law, 1052
conveying instruments into a prison
with intent to facilitate the escape
of a prisoner, 1053

lying in wait near a jail in order to

secure a prisoner's escape, at com-
mon law, 1054

keeping keys with intention to com-
mit burglary, 1055

having in possession implements of
burglary, 1056

attempt to obtain money by means
of false pretences, 1057
poisoning. By mixing arsenic with
water, and administering the
same with intent to kill, under
Ohio statute, 1058

administering poison with intent to
murder, 1059

attempt to commit suicide, 1060
(See Assaults with intent.)

For attempts to revolt, &c., see
"Revolt."

For attempts to commit suicide, see
"Suicide."

For soliciting to commit offence, see
"Solicit."

Attorney, indt. against for buying notes,

913

Auction, indt. for holding illegally, 1010
Autrefois acquit and convict, pleas of, re-
quisites of, forms of, 1150, 1151

B

BAIL, false representation of indt. for, 506
Bank notes, forgery of, 295, et seq.

larceny of, 428, et seq.
Indictments:

passing when sham as a cheat at

common law, 503

passing when sham on false pre-
tences, 536

conspiring to pass same as a cheat

upon the public, 635

same as a cheat upon an individual,
612

Barrator, indt. against, 780

Bastard child, birth of in secret, and mur-
der by choking, indt. for, 157
birth of in secret, and murder by
throwing in privy, indt. for, 158
birth of in secret, and murder by
strangling in linen cloth, 159
birth of in secret, and murder by
strangling, in Pennsylvania, 160
concealing death of by throwing in
well, indt. for, 183

same, not stating means of conceal-
ment, indt. for, 184

same under English stat., 185
Bastardy, see "Fornication and Bastardy."
Bathing publicly, indt. for, 767

Bawdy house, see

"Nuisance."

66

Disorderly Houses,"

Betting at election, indt. for, 1023
at horse-race, indt. for, 1024

Bigamy, indts. for, 985, et seq.

requisites of, 985, n.

Billiard tables, &c., indt. against, 736
Bill of particulars, see "Particulars.”
Biting off the ear, indt. for 196

Blasphemy, indt. for (see "Libel," " Pro-
fanity"), 963, et seq.

Breach of the peace, conspiracy to commit,
626, &c. See "Riot."

Breach of prison, indt. for, 878

Breaking windows riotously, indt. for, 853
Breaking, into house, see Burglary,"

66

Larceny."

Indictments:

66

into house and frightening pregnant
woman, 485

into close and cutting down tree, 476
into close and pulling down fence,
480

Bribery of member of House of Representa-
tives, attempt to, indt. for, 1012

of constable, attempt to effect, indt.
for, 1013

of Judge of U. S., indt. for, 1014

at election, indt. for 1015

of legislator, how far a misdemeanor,
1012, n.

Bridges, nuisances to, 674

indt. for obstructing, 674, &c.

Buggery, see "Sodomy."

Burglary, general frame of indt. for (with
larceny), at common law, 367

Burglary, requisites of indt., 367
Indictments:

burglary and larceny at common
law. Another form, 368

Second count. Receiving stolen
goods, 369

burglary at common law with no
larceny, 370

breaking into dwelling-house, not
being armed, with intent to com-
mit larceny, under Massachusetts
statute, 371

general frame of indt. in New York,
372

burglary, by breaking out of a
house, 373

burglary and larceny and assault,
with intent to murder, 374
burglary, with violence, 375
burglary and rape, 376
burglary, with intent to ravish:
with a count for burglary with
violence, under st. 7 Wm. 4 and
1 Vic., ch 86, § 2, 377
burglary and larceny, at common
law, by breaking into a parish
church, 378

burglary and larceny. Breaking

and entering a store and stealing
goods, under Ohio stat., 379
burglary and larceny. Breaking
and entering a meeting-house,
and stealing a communion cup
and chalice, under Ohio statute,
380

burglary. Breaking and entering
a storehouse with intent to steal,
under Ohio stat., 381
burglary. Breaking and entering
a shop with intent to steal, under
Ohio stat., 382

burglary. Breaking and entering a
dwelling-house with intent to
steal, under Ohio stat., 383
breaking and entering a mansion-
house in the day-time, and at-
tempting to commit personal vio-
lence, under Ohio stat., 384
breaking and entering a mansion-
house in the night season, and
committing personal violence,
under Ohio stat., 385
against a person for attempting to
break and enter a dwelling-house
at night, at common law, 386
breaking a storehouse with intent
to enter and steal, at common
law, 387

being found by night armed, with
intent to break into a dwelling-
house, and commit a felony
therein, 388

Burning, &c., see “Arson.”

Burial, preventing, &c., indt., for, 821-7
Burking, indt. for, 821-7

Business, offensive, see "Nuisance.”

C

CAPTAIN of vessel, indt. against for bring-
ing into port person with infec-
tious disease, 937

indt. against for not providing
wholesome food to passengers,
938

indt. against for inflicting cruel and
unusual punishment on crew, 925
See "Seamen."

Caption, general form of, 1

requisites of, 1, et seq.

precedent of in U. S. courts, 1
in New Jersey, 1

in New York, 1

in Vermont, 1

Cards, playing with, see "Gaming."
Carriers of letters, &c., misconduct by, see
"Post Office."
Challenging to fight.

Indictments:

sending a challenge at common law.
First count, sending the letter
containing the challenge, 1028
Second count. Provoking an-
other to fight a duel, 1029
provoking a man to send a chal-
lenge, 1030

writing and delivering a challenge
at the instance of a third person,

1031

Second count. For delivering
a written challenge as from
and on the part and by the
desire of E. F., 1032
Third count. For provoking
and inciting the prosecutor
to fight, 1033

for a verbal challenge, 1034
giving a challenge in the presence
of a justice of the peace, 1035
for sending a challenge in Pennsyl-
vania, 1036

accepting a challenge, 1037

Indictments:

Cheats, selling by false weight or measure,
499

against a baker for selling loaves to
poor persons under weight, and
obtaining pay from them under
the pretence that they were of
full weight, 500

cheating at common law by false
cards, 501

Second count. Cheating at
common law, at a game of
dice called passage, 502
information. Passing a sham bank-
note, the offence being charged as
a false token, 503

obtaining goods by means of a sham
bank-note, as a misdemeanor at
common law, 504

cheat by means of a counterfeit let-
ter, 505

See "Secreting Goods," &c., "False
Personation," "Fraudulent Insol-
vency," "Factors," "False Pre-
tences."

Cock fighting, indt. for, 733, &c.
Coining, see "Forgery."

Coin of the U. S., debasing and diminish-
ing, indts. for, 336, &c.

Collector of tolls, indt. against for extor-
tion, 910

Colored persons, gaming with, indt. in
Alabama, 754, &c. See " Slaves."
Commissioner, indt. against for not repair-
ing road, 790

Common scold, indt. against, 779
Compounding felony, nature of offence, 895
indt. for at common law, 895
misdemeanor, indt. for, 896
Compromises of criminal cases, how far
permissible, 895

Concealing death of bastard child, see
"Bastard Child."

Confining master, indt. for, 1078
Congregation, religious, disturbance of,
indt. 861, &c.

engaging in a duel, under Ohio stat., Connecticut, commencement and conclu-

1038

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sion of indt. and information
in, 31

information in, for assault and bat-
tery and breach of peace, 216
larceny of bank-note in, 431
Conspiracy, number of defendants neces-
sary in, 607, n.

how far its expansion consists with
the right of courts of equity to
demand a discovery under oath,
607, n.

general form. Unexpected conspi-
racy, 607

with overt act, 608

to rob, 609

to murder, with an attempt to in-
duce a third party to take part in
the same, 610

to cheat prosecutor by divers false
pretences and subtle means, 611

Conspiracy, to defraud by means of false

pretences and false writings in
the form and similitude of bank-
notes; the overt act being the
uttering a note purporting to be
a promissory note, &c., and to
have been signed, &c., 612
to cheat prosecutor by inducing him
to buy a bad note, 613
to cheat by indirect means, &c.,
with overt acts charging false
pretences, &c., 614.

to cheat by false pretences. Con-
spiracy "by divers false pretences
and subtle means and contri-
vances" to obtain goods, &c.,
from prosecutors. Overt acts
charging a fraudulent carrying
on business by a fictitious name,
receiving goods on that basis, and
fraudulently concealing the same,

615

to obtain from prosecutor certain
articles under the pretence that
defendants were the servants of
a third party. Overt acts charg-
ing the consummation of the con-
spiracy, 616

to get prosecutor's goods by false
pretences, &c., 617

against the officers of a bank, for a
conspiracy to obtain by fraudu-
lent means, discounts on State
stock to a large amount, 618
against same for conspiring to ob-

tain by fraudulent means the
temporary use of a large quan-
tity of notes belonging to said
bank without paying interest for
them, 619

against same for conspiring to ap-
propriate several bills of ex-
change, &c., 620

against same for obtaining money

from the bank by means of false
entries and a fictitious draft, 621
by the maker of two promissory
notes, and two other persons,
fraudulently to obtain the said
notes from the holder, 622
and cheat, under pretence of being
a merchant, with overt act, 623
to sell lottery tickets, 624

for enticing a person to play at un-
lawful games, &c., 625

to make a great riot and to demolish
walls, buildings, and fences, with
overt acts, 626

Second count, without overt
acts, 627

to prevent by force and arms, the
use of the English language in a
German congregation, and to op-
pose "with their bodies and
lives," and by all means lawful
and unlawful, the introduction of
any other language but the Ger-

man. Overt acts, riot and as-
sault, 628

to produce abortion on a woman
not quick, 629

Second count, with overt act,

630

by persons confined in prison, to
effect their own escape and that
of others, 631

by prisoners to escape, with overt
act, attempting to blow up the
wall of a prison with gunpowder,
632

by prisoners to effect their escape;
with overt act, breaking down
part of the wall of the prison,
633

to impose on the public, by the
manufacture of spurious indigo,
with intent to sell the same as
genuine indigo of the best qual-
ity, 634

to publish fraudulent bank-notes
with intent to cheat the public,
635

to defraud intending emigrants of
their passage money by pretend-
ing to have an interest in certain
ships, 636

by false representation, to induce a
party to forego a claim, 637
to defraud the queen by fraudu-
lently removing goods subject to
duties, 638

to cast away a vessel with intent to
defraud the underwriters, at com-
mon law. First count, conspi-
racy to cast away, &c., 639

Second count. Conspiracy to
defraud the underwriters,
and as overt acts in pursu-
ance thereof, loading a vessel
with a sham cargo, exhibit-
ing her to the underwriters,
and fraudulently represent-
ing to them that the vessel
contained specie, &c., 640
Third count. Conspiracy to de-
fraud the underwriters by
falsely representing to them
that a vessel loaded with a
sham cargo was loaded with
specie, and was the property
of defendants, 641
Fourth count. Conspiracy to
procure the insurance in a
particular company, of cer-
tain boxes of hay as boxes of
dry goods, and then after-
wards to cause the vessel to
be burned; and in pursuance
of the conspiracy, as an overt
act, inducing an agent of the
underwriters to negotiate for
them an insurance, 642
to defraud Railway Company, by
travelling without a ticket on
some portion of the line, obtain-

ing a ticket at an intermediate Conspiracy, by workmen, &c., in the em-

station, and then delivering it up
at the terminus, as if no greater
distance had been travelled over
by the passenger than from such
intermediate station to the termi-
nus, 643

against A., B., C. and D., for a con-
spiracy to rise upon a vessel and
carry her to a port occupied by
an enemy; with an overt act, and
against E. for comforting and
abetting them, &c., 644

to disturb a party in the possession
of his lands, and to deprive him
of them, 645

Second count. Exactly simi-
lar, without overt acts.
Third count. To cut down
timber trees.

Fourth count. Exactly the
same, without overt acts.
Fifth count. To cheat tenants
of rent, by a false claim as
landlord, 646

Sixth count. Exactly similar,

but without overt acts.
Seventh count. To molest ten-

ants by distresses, &c., 647
Eighth count. Exactly similar,
without overt acts.

to obtain goods upon credit, and
then to abscond and defraud the
vendor thereof, 648

to defraud an illiterate person, by
falsely reading to him a deed of
bargain and sale, as and for a
bond of indemnity, 649

to induce a person of unsound mind
to sign a paper authorizing the
defendants to take possession of
his goods, 650

to procure the elopement of a minor
daughter from her father, 651

First count, charging the con-
spiracy with an overt act,
averring that in furtherance
of the conspiracy the de-
fendants aided the said mi-
nor to elope.

Second count. Conspiracy to
procure the elopement of the

said minor with intent to
marry her to one C. K.; and
overt act charging the de-
fendant, &c., 652

to inveigle a daughter from the
custody of her parents, for the
purpose of marrying her (in sub-
stance), 653

to procure the defilement of a fe-
male, 654

to incite J. N. to lay wagers, &c.;
overt act, actually cheating, 655
at common law, among workmen,
to raise their wages and lessen
the time of labor, 656

ploy of A. and B., to prevent their
masters from retaining any person

as an apprentice, 657
by parties engaged on the public
works, to increase the rate of
passage money and freight, 658
to charge a man with a crime, 659
to charge a man with receiving sto-
len goods, knowing them to be
stolen, and obtaining money for
compounding the same, 660
to charge a man with receiving sto-
len goods, and thereby obtaining
money for compounding the same,
and causing him to lay out a sum
of money for the entertainment
of the conspirators at one of their
houses, 661

to charge a man with an unnatural
crime, and thereby to obtain mo-
ney, 662

to extort money generally by crimi-
nal prosecution. First count,
charging a conspiracy to extort,
by commencing and continuing a
prosecution, 663

Second count, charging a pro-
secution already commenced,
and a conspiracy to extort
money by proposing to sup-
press it, 664

Third count, charging a con-
spiracy to extort, by prom-
ising to compromise a then
pending prosecution, 665
to impoverish the prosecutor, and
hindering him from exercising his
lawful trade as a tailor, with an
overt act, setting forth the con-
summation of the conspiracy,
666

to defame a public officer. First
count, conspiracy to defame by
charging corrupt conduct, 667
Second count. Same, setting

out the matter charged, 668
Third count. By charging the
prosecutor with having been
guilty of corruption in a par-
ticular case, 669
to defeat public justice by giving
false evidence, and suppressing
facts, on a charge of felony, 670
to indict a person for a capital
offence, who was acquitted on
the trial, 671

to induce a material witness to sup-
press his testimony, 672
same as last, in another shape, 673
Constable, indt. against for not attending
session, 908

for refusal to act as, 919

indt. against for extorting and ob-
taining money under pretence
of discharging a bench warrant,
907

indt. against for extortion, 904

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