Defences to Crime: Special defences to crimes against the public

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Sumner Whitney, 1885
 

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Lottery PoolSelling Not a Lottery People v Reilly 50 Mich 384
45
CRIMES AGAINST SOCIETY AND THE LAWS OF NATURE
46
Bigamy Proof of First Marriage Miles v United States 13 Otto 304
50
Liquor Laws Who is a Dealer Stand ford v State 16 Tex App
55
Incest Cohabitation Between Father and StepDaughter Chancellor v
56
Miscegnation When Crime not Committed Negro White Person
62
Neglect to Supply Food to Infant Master and Servant Infant Must
68
Person Must be Candidate
78
Abandonment of Wife People v Naehr 1 N Y Crim Rep 513
84
NOTES
93
PAGE
94
Presumption that Woman not Negro
104
CHAPTER II
109
Nuisance Disorderly House Tenpin Alley State v Hall 32 N J L
110
TreasonLevying War What does not Amount to Treason Ex parte
113
Piracy Elements of the Offense Construction of the United States
122
Elections Residence Removal Qualifications Maddox v State 32
132
Elections Betting on Election State v Henderson 47 Ind 127
136
Elections Refusing to Answer Questions United States v Davis 6
142
Elections Bribing Qualified Voter United States v Hendric 2 Sawy
151
Counterfeiting Coins must Deceive and must be Similar to Genuine Ones
154
Counterfeiting Intent not to Circulate United States v King 5 McLean
163
Issuing Money Obligations Payable in Goods United States v
170
Enticing Seamen to Desert Who Punishable United States v Thompson
176
Pension Laws Retaining Pension Money by Agent United States v
184
Withholding Pension Money Construction United States v Benecke
192
Embezzlement by Officers Construction of Statute United States v
197
Revenue Law Failure to Notify of Manufacture of Still United States
206
Revenue Law Failure to Obliterate Stamp United States v Buchanan
218
Postoffice Laws Stealing from Letter after Delivery by Carrier United
222
Postoffice Laws Nonmailable Matter Indecent Letters United States
229
Postoffice Laws Unlawful Franking Dewees Case Chase Dec 531
235
LiquorLaws Selling Liquor on Physicians Prescription Druggist
253
CHAPTER III
286
NOTES
291
Escape Warrant Must be Valid Housh v People 76 Ill 487
294
Escape Conveying to Prisoner any Instrument etc Calculated to
302
Extortion What is official Extortion Smith v State 10 Tex App
310
Officers Official Misconduct Watson v State 9 Tex App 212
317
Resisting Officer Officer Exceeding his Authority United States v Slay
323
332
332
Resisting Officer Rescuing Goods from Constable without Assault not
335
Perjury Oath must be required by Law Materiality People v Gaige
343
Perjury Oath must be Required by Law Officer must have Jurisdiction
355
Perjury Officer must have Authority Extr 1judicial Oath United States
362
Officer Must have Authority
365
Perjury Officer must have Authority Stewart v State 6 Tex App
369
Perjury Statement must be Material Hembree v State 52 Ga 242
376
Liquor Laws What are Intoxicating Liquors Question of Fact State
379
Perjury Materiality of Testimony Instructions Donohoe v State 14
383
Perjury Swearing to Opinion without Reasonable Cause Commonwealth
391
Perjury Jurisdiction Bankrupt Law Repeal of Statute Anonymous
404
Subornation of Perjury Requisites of Crime United States v Wilcox
412
Common Barrator
416
Offer of Reward to Electors by Candidate
417
Prisoner on Bail Surrender by Sureties
418
102a Fees Must be Allowed by Law
419
Trespass Removing Obstructions State v Parrott 71 N C 311
491
Malicious Mischief Willful Intent Necessary Lane v State 16
498
Hodge
519
Cruelty to Animals Shooting Pigeons at Match State v Bogardus 4
529
Libel Words must be Defamatory Per se People v Isaacs 1 N Y
545
Ruil
547
Conspiracy Means must Defraud Indictment March v People 7 Barb
558
Conspiracy Overt Act must be Averred or Proved Requisites of Indict ment in United States Courts United States v Walsh 5 Dill 58
561
Conspiracy Combinations Among Workmen Commonwealth v Hunt 4
565
Conspiracy Acquittal of One Acquittal of All R v Manning
578
NOTES SECTION 144 Affray Place Must be Public
580
Disturbing the Peace Peace of Single Individual State v Schlottman 52
582
Merely Provoking Words not
583
Careless or Reckless Act
584
Assembly for Religious Worship SundaySchool Celebration
585
168a What is Carrying
586
Must be carried as Weapon
587
Disturbing Religious Worship Meeting must be for Religious Worship
588
Threatened Not Necessary that Threats he Re cent
589
173a Mistake Absence of Intent
590
Oficers Excepted
591
Conspiracy Intent to Defraud Requisites of Crime United States v
622
391
646
Nuisance Common Scold Slanderer and Brawler United States v Royall
656
Liquor Laws Regulation of Taverns by City R v Belmont 35 U C
667
Obstructing Public Road Road Must be Public Day v State 14
677
Sabbath Breaking Necessity Need not be Absolute Wilkinson v State
692
Sabbath breaking Works of Necessity Running Railroad Trains Com
698
Nuisance Profane Swearing State v Powell 70 N C 67
727
Indecent Exposure Exposure to one Person Only Indictment Public
733
Nuisance Bawdyhouse Proof of Reputation of House Insufficient
739
NuisanceCommon Prostitute Arrest in Public Streets R v Levecque
745
Gaming Not a Commonlaw Offense
752
Keeper of House of Entertainment
759
Neglect Poor Parent Not Obliged to Borrow Money R v Vann 2
786
PostOffice Carrier
803
Threatening to Take Life Evidence March v State 3 Tex App 107
832
Arson Defined
846
ARSON
852
Blackmail Threatening Letter
862
BURGLARY
866
Burglary Guest in Inn Trespass ab initio State v Moore 12 N H 42 846
877
Burglary Entering Necessary State v McCall 4 Ala 643 853
882
Burglary Dwelling House State v Potts 75 N C 129 865
882
Burglary No Larcenous Intent Using Goods State v Ryan 12
882
Burglary Possession of Stolen Goods Insufficient Evidence People v
882
EMBEZZLEMENT
887
Embezzlement Money Embezzled Must be Property of Prosecutor R v
897
Embezzlement Money or Property of Another Auctioneer Com
903
Disturbing Religious Worship Must be Willful Wood v Slate 16
909
Embezzlement Fraudulent Misappropriation of Money by Attorney
927
NOTES
934
Servant Tradesman taking Goods to be Manufactured
936
608
969
794
989
232
1000
235
1007

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Página 165 - States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Página 218 - All laws should receive a sensible construction. General terms should be so limited In their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the Legislature Intended exceptions .to Its language, which would avoid results of this character. The reason of the law, in such cases, should prevail over its letter.
Página 596 - A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act, or to do a lawful act by unlawful means.
Página 172 - That any person that shall knowingly make a false affidavit for such purpose shall be deemed guilty of perjury and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or by both such fine and imprisonment, within the discretion of the court.
Página 538 - If two or more persons conspire either to commit any offense against the United States or to defraud the United States In any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not more than ten thousand dollars, or to Imprisonment for not more than two years or to both fine and Imprisonment In the discretion of the court" Section 5445 of the Revised Statutes of the United...
Página 135 - Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters ; which registration shall be completed at least ten days before each election.
Página 515 - 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.
Página 240 - ... be concerned in the furnishing, fitting out, or arming, of any ship or vessel, with intent that such ship or vessel shall be employed in the service...
Página 498 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall establish on the trial that it was so published or spoken.
Página 307 - Any collector, deputy collector, or inspector may enter, in the day-time, any building or place where any articles or objects subject to tax are made, produced, or kept, within his district, so far as it may be necessary, for the purpose of examining said articles or objects.

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