Cyclopedia of Criminal Law, Τόμος 1

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Callaghan, 1922 - 2968 σελίδες

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Περιεχόμενα

Treason felonies and misdemeanorsIn general
14
FeloniesAt common law
15
11
16
Punishment or possible punishment
18
Misdemeanors
20
High crimes and misdemeanors
23
Infamous crimes
24
Crimes mala in se and mala prohibita
26
Same act may constitute several offenses
28
In general
29
Power of territorial legislatures
30
OFFENSES AGAINST MORALITY AND DECENCY
32
Merger of offenses
33
CHAPTER 2
36
ཝིརི
37
OFFENSES INVOLVING ILLEGAL SALE OR MANUFACTURE
38
222
43
445
59
Delegation of power to make rules and regulations or to grant permits
62
621
64
Ordinary meaning of language
65
Constitutional Limitations
69
Construction as a whole
71
Uniform operation of general laws
77
Due process of
83
The police powerIn general
90
Presumptions and inferences as to specific intent
94
Illustrations
96
MotiveIn general
101
Classification
103
Ex post facto lawsIn general
109
54
117
Changing rules of evidence
123
Voluntary drunkenness in general
129
Laws referable to prison discipline
131
In general
139
622
145
EXPIRATION AND REPEAL OF LAWS
155
79
161
Prevention of offenses
162
Suicide
163
Repeal of repealing
168
623
171
Concurrence of act and intentIn general
177
Definition and nature
190
Effect of conviction of lesser offense than that charged
196
Religious belief and belief in impropriety of
200
625
218
Tests of responsibilityIn general
221
Statutes abolishing commonlaw distinctions
223
360
225
199
235
200
237
626
237
Insane irresistible impulse
237
Dementia præcox
238
202
242
Drunkenness may negative specific intent or knowledgeIn general
249
136
255
In general
258
Use of drugs
262
Misfeasance
268
In general
276
Offenses on or near county line
290
Intent
293
As a substantive offense
299
IGNORANCE OR MISTAKE OF FACT
302
Conspiracy
303
False pretenses and cheats
308
IGNORANCE OR MISTAKE OF
322
628
327
PENDENCY OF OR RECOVERY IN A CIVIL ACTION
328
Police power
329
630
333
186 Settlement and condonation
334
Instigation
341
Intent knowledge malice
369
Consent of woman
370
Necessity to save life
371
206
372
211
386
214
394
INCONSISTENT DEFENSES
400
PRINCIPALS
401
Acts not originally contemplatedIn general
402
Conditional offer of violence
403
Principals in the first degreeIn general
415
PAGE
420
Necessity for and sufficiency of participationIn general
422
234
429
240
436
246
442
PROSECUTION AND PUNISHMENT
448
335
450
254
455
RESPONSIBILITY AS RESULT OF PARTICULAR RELATIONSHIPS
475
The conspiracy or agreementNecessity for agreement
483
Overt actNecessity for overt
485
Necessity for two conspirators
486
Intent
487
Unlawful object or means
488
Criminality of object
489
Conspiracy to do what it would be lawful for individual to
490
B Other Relationships
491
Failure to accomplish object impossible object
492
Conspiracy to do acts prejudicial to the public
494
Pecuniary benefit 495 Conspiracy to do acts prejudicial to individuals
495
Receiving stolen property
562
Conflict between state and federal statutes
569
Knowledge and intent
582
Commerce with Indians
583
CHAPTER 18
584
Injury
585
Possession with intent to utter
586
COUNTERFEITING
589
Perjury
590
349
600
Compelling marriage or defilement
610
Parties responsibleIn general 373
612
365
618
CHAPTER 11
632
637
637
Burning jail in order to escape 654 390
654
Setting fire to one building and burning another
655
Burning for purpose of defrauding insurance company 656 384
656
518
659
CHAPTER 12
660
Submission through fear
661
982
662
Definitions and nature of battery
668
Acts amounting to a battery or assault and batteryIn general
669
Particular acts
670
398
671
IntentIn general
672
Actual and apparent intent 401
674
Unintentional injury in doing unlawful
677
666
679
Assaults with intent to commit some other offense
688
Assault with intent to commit rape
696
669
699
416
702
Assaults by or upon particular person
709
Injury to person not intended
715
670
716
984
721
Corporal punishment
723
437
735
988
736
671
738
Abusive threatening or insulting language or gestures
742
CHAPTER 13
750
Intent and malice
761
451
762
Force or fear 454 Obtaining or attempting to obtain money or propertyIn general
763
Money or property legally due
764
CHAPTER 14
767
672
770
674
777
785
785
786
786
Time of breaking and entry
791
IntentIn general 478
793
Time
796
Intent inferred from circumstances
797
Commission of intended offense
799
Conspiracy to commit an offense against the United States Where contemplated object necessarily involves concert of action 499 Conspiracy to defr...
804
Possession of burglars tools 791
806
825
825
Conspiracy to prevent free exercise of rights secured by Federal Con stitution or laws
847
Seditious conspiracies
849
Acts for which conspirators are liable
850
Effect of withdrawal 847 849 850 851 510 Liability of persons who could not be guilty of contemplated crime
851
CHAPTER 16
853
677
858
Ownership
861
POSSESSION AT TIME OF CONVERSION 521 Possession or custody in general
871
989
873
Bailees 871
875
Delivery by third person to agent or servant
876
PERSONS WHO ARE WITHIN THE STATUTES 524 In general
877
Clerks and servants
879
Agents
883
Bailees
885
Public officers employees
889
Officers employees etc of corporations and associations
892
In general 889
893
Relation of trust or confidence
895
Money or property received by mistake 533 Where relation is that of debtor and creditorIn general
896
534
898
Bankers and brokers
900
Receipt by virtue of office
901
Receipt by virtue of employment
903
Estoppel
906
799
908
What constitutes conversion or embezzlementIn general 541
909
800
912
Failure or refusal to account or pay over
913
542
914
Necessity for demand
916
Necessity for personal gain
918
544
919
Series of acts Authorized acts
921
Effect of restitution
922
Definitions and scope of subdivision 588 Power to punish 589 Making counterfeit coin obligations etc In general 590 591
941
901
943
903
944
908
950
913
967
922
968
THE INTENT
975
In general 548 Mistake negligence or claim of right 924 926
980
594
996
Issuing checks etc intended to circulate as money 1000 1002 598 Making or having possession of plates stones dies etc 1002 VOLUMES II AND III
1002
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Σελίδα 225 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Σελίδα 486 - When any offense against the United States is begun in one judicial district and completed in another, it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein.
Σελίδα 237 - ... to be considered by the jury, In connection with all the other evidence. In...
Σελίδα 111 - By an ex post facto law is meant one which imposes a punishment for an act which was not punishable at the time it was committed ; or imposes additional punishment to that then prescribed...
Σελίδα 780 - 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.
Σελίδα 543 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
Σελίδα 142 - The rule that penal laws are to be construed strictly is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial, department. It is the legislature, not the Court, which is to define a crime and ordain its punishment.
Σελίδα 5 - Wrongs are divisible into two sorts or species: private wrongs and public wrongs. The former are an infringement or privation of the private or civil rights belonging to individuals, considered as individuals; and are thereupon frequently termed civil injiiries : the latter are a breach and violation of public rights and duties, which affect the whole community, considered as a community ; and are distinguished by the harsher appellation of crimes and misdeí
Σελίδα 6 - The question whether a statute of one State, which in some aspects may be called penal, is a penal law in the international sense, so that it cannot be enforced in the courts of another State, depends upon the question whether its purpose is to punish an offence against the public justice of the State, or to afford a private remedy to a person injured by the wrongful act.
Σελίδα 86 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...

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