Defences to Crime: Disabilities of parties; agency; duress; accident, ignorance and mistake; consent; omissions and attempts

Front Cover
Sumner Whitney, 1885
 

Contents

Larceny by Wife Third Person Assisting State v Banks 48 Ind 197
51
Coercion Applies to Misdemeanors and Felonies Robbery with Violence
57
ElectionsIllegal VotingMistake of Voter as to Qualifi
67
Husband and WifeAssault and Battery Coercion
70
Commonwealth v
94
35
108
Utterin
110
40
114
Coercion of Husband Husband not PresentWife acting under his
116
HUSBAND AND WIFE 20118
118
InfancyChild of TwelveMurder Texas Statute
126
Infant of Eleven Years MurderConfession of Infant State v Aaron 1
133
Responsibility of Infants for CrimeFalse Swearing Willet v Com 13
139
InfancyPresumption of Innocence
147
Infant Under Twentyone
150
Wifes Liability for Crimes Arguments and Remarks in
152
Assault
158
48
169
Petit Larceny Boy under Fourteen
175
60a Rape Principal in Second Degree Boy Under Twelve
181
Adultery
183
Disposing of Mortgaged Goods
184
INFANCY 119189
189
CHAPTER III
190
Larceny
196
Principal and Agent Master and Servant Officers and Soldiers
197
Lewdness
201
Principal and Agent Burden of Proof of Agency on Prosecution
203
Principal and AgentSelling Adulterated MilkLiability of Principal
209
Libel Liability of Publisher of Newspaper R v Holbrook 13 Cox 650
217
Master and Servant Illegal Act of Master Negligence of Servant
224
MistakeOfficer Extortion Commonwealth v Shed 1 Mass
228
Attempt to Murder
232
SECTION
236
Agent Employed to Commit Crime Responsibility of Employer for Dif
238
Innocent AgentNot Liable for Obeying Command of Master R v
246
CHAPTER VIII
249
253a
254
Master and Servant Private Soldier Bound to Obey Orders of Superior
257
NOTES
265
Cruelty to Animals
280
Stockholder in Corporation
281
106a Enticing away Laborer
287
PRINCIPAL AND AGENT 190288
288
ConsentAssault and Battery People v Bransby 32 N Y 525
298
41
303
Consent Indecent Assault R v Wollaston 26 L T N s 403
307
RapeConsent Fraudulent Personation of Husband Lewis v State 30
319
RapeConsent Insensibility Produced by Intoxication Assault with
325
Consent Obtained by FraudStatutory Requirements Obtained by Fraud
336
Consent as a Defence Abortion State v Cooper 22 N J L 52
343
Consent Bribery OBrien v State 6 Tex App 665
351
Decoys Larceny Consent of Owner Williams v State 55 Ga 391
363
Nev
371
The Utmost Resistance Required
374
122
389
CHAPTER VII
465
366
469
MistakePerson Voting When not Entitled to Ignorance of Fact
472
Ignorance of LawTaking Illegal Fee by Justice Cutter v State 36
490
Abduction Taking Girl out of Fathers PossessionIgnorance of Pris
500
Mistake of FactAssaultArrest Commonwealth v Presby 14 Gray 65
506
Ignorance of FactIllegal Voting at Elections Gordon v State 52
512
Larceny Taking Property by Mistake
520
Mistake Selling Liquor to Intemperate Person Crabtree v State 30 Ohio
528
Mistake Manslaughter Erroneous Belief as to Power of Prayer Neg
536
PostOffice Laws Willful Stopping of United States Mail Mistake
547
12
561
15
568
18
575
163
576
19
602
Disturbing Religious Worship
604
Infant under Seven can not be Guilty of Felony
608
20
612
Bona fide Belief
613
CHAPTER VIII
635
226
637
AttemptPreparations to Commit Crime not Indictable People v Mur
642
PreparationsAttempt Going to a Place to Commit Crime
643
Attempt to Murder Delivering Poison to Third Person Stabler v Com
651
Attempt Conspiracy to Commit Adultery Shannon v Commonwealth 14
672
Attempt Solicitation to Commit a Crime not Indictable Cox v People
680
Attempt Renting House of IllFame Brockway v People 2 Hill 559
690
InfancyBetween Seven and Fourteen Incapacity Presumed
691
Attempt to Commit Felony Burglary Impossibility by Act of Third
699
Attempt to Commit Burglary Crime not Complete R v McCann 28
713
Suicide Attempt to Commit not Attempt to Commit Murder
722
Attempt to Murder Delivery of Poison to Agent
729
99
740
Assault with Intent to Commit Murder
746
ATTEMPTS 640748
748
OmissionNeglect to Provide Medical Assistance for Daughter
756
Omission to Disclose Truth False Pretenses People v Baker 96 N
760
Omission Standing by When Crime is Attempted by Others People v
778
R v
785
OmissionManslaughterPrize FightStakeholder R v Taylor 13
787
OmissionAssault
812
Omission to Prevent Crime Permitting Bawdy House in Leased Premises
818
897
830
Omissions not Indictable
837
OMISSIONS 749850
850
348
851
716
855
399
857
586
859
81
863
465
867
592
868
553
873
Rape
875
561
883

Common terms and phrases

Popular passages

Page 539 - Is any sick among you ? let him call for the elders of the church ; and let them pray over him, anointing him with oil in the name of the Lord : and the prayer of faith shall save the sick, and the Lord shall raise him up ; and if he have committed sins, they shall be forgiven him.
Page 259 - I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and articles of war.
Page 229 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Page 675 - ... shall not be conveyed in the mails or delivered from any post office or by any letter carrier.
Page 150 - AG, obtained a rule nisi to set aside the verdict, and enter a verdict for the defendant, or for a new trial, on the four following grounds, viz.
Page 583 - ... shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And, if any person or persons shall by force set at liberty, or rescue the fugitive from such agent while transporting as aforesaid, the person or persons so offending, shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year.
Page 717 - Every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise.
Page 541 - Riel, against the form of the Statute in such case made and provided and against the peace of our said Lady the Queen, her Crown and dignity.
Page 401 - To determine whether a given case falls within the one class or the other, we must inquire whose is the work being performed, a question which is usually answered by ascertaining who has the power to control and direct the servants in the performance of their work.
Page 240 - This rule excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference, as to the principal fact or matter in dispute...

Bibliographic information