EXTORTION— Continued. Must not be entitled to fees, p. 418. "FENCE, BAR, OR OTHER IMPEDIMENT." Construed, p. 770. FOOD AND DRINK. See NUISANCE. FORCIBLE ENTRY AND DETAINER. Of personal property not indictable, p. 594. FORNICATION. See, also, ADULTERY; LEWDNESS. On the trial of an indictment for fornication, it devolves upon the prosecu- Fornication defined, p. 94. What is not fornication, p. 94. "GAMBLING DEVICES." Construed, p. 755. GAME LAWS. The statute punishing any one who in Massachusetts takes or kills a wood- "GAME OF CHANCE." Construed, p. 756. "GAME PLAYED WITH DICE." Construed, p. 758. GAMING. See DISORDERLY HOUSE; ELECTIONS. A single act of play at a gaming-table called "sweat-cloth,” at the races, GAMING- Continued. On the trial of an indictment for permitting a minor to play billiards with- Pool selling is not keeping a "lottery." People v. Reilly, p. 639. Gaming not an offense at common law, p. 752. Risk and profit essential, p. 752. Loser paying for hire of billiard table, p. 752. Betting on election not, p. 753. Resale of lottery ticket not, p. 753. Lottery; chances must be sold or prizes given, p. 753. "Common gaming-house," what, p. 754. "Device or substitute for cards" construed, p. 755. Nor playing cards, 755. Billiards not a "game of chance,” p. 756. Nor is a horse race, p. 756. Nor shuffle board, p. 757. Nor ten pins, p. 757. Backgammon not a "game played with dice," p. 758. Nor is a raffle, p. 759. Meaning of "outhouse where people resort,” p. 759. Meaning of "professional gambler," p. 759. Meaning of "public place," pp. 759, 761. GOVERNMENT PROPERTY. An indictment for unlawfully purchasing a soldier's arms will not lie where GUNPOWDER. See NUISANCE. "HIGHWAY." Construed, p. 759. "HORSE." Construed, p. 599. "HORSE, CATTLE OR OTHER BEASTS." Construed, p. 599. "HORSE, CATTLE, SHEEP, GOAT, OR SWINE OR ANY OTHER PROP- Construed, 599. "HORSE RACE." See GAMING. "HOUSE." Construed, pp. 766, 820. "HOUSE OF ANOTHER." HOUSE OF ILL-FAME. See DISORDERLY HOUSE; COMMON PROSTitute. "HOUSE WHERE SPIRITUOUS LIQUORS ARE SOLD.” HUSBAND AND WIFE. P. having been convicted of being a disorderly person for neglecting to Though the wife is entitled to reasonable support by the husband, he has Neglect to support wife; test of liability, p. 108. Husband must have means, p. 108. "IDLE PERSON." Construed, p. 797. "IN PRESENCE OF FAMILY OR FEMALE." Construed, p. 794. INCEST. Assent by both parties is a necessary ingredient of the crime of incest. State v. Thomas, pp. 40, 102.. Cohabitation between a man and his step-daughter is not incest. Chancellor v. State, p. 56. The relation of step-father and step-daughter, within the meaning of the statute against incest, does not exist after the termination of the marriage relation between the step-father and the step-daughter's mother. Noble v. Staie, p. 58. On the trial of an indictment for incest against the step-father, it was Knowledge of relationship essential, p. 103. "INDECENT.” Construed, 282. INDECENT EXPOSURE. If a man indecently expose his person to one woman only this is not an indictable offense. R. v. Webb, pp. 728, 791. An indictment for indecent exposure charging the offense to have been committed on a highway, is not sustained by evidence that the offense was committed in a place near the highway, though in full view of it. R. v. Farrell, p. 733. An indecent exposure seen by one person only and capable of being seen by one person only, is not an offense at common law, secus, if there are other persons in such a situation as that they may be witnesses of the exposure. Id. Must take place in public place, p. 791. "INFAMOUS CRIME." Construed, p. 138. "INSTRUMENTS OF GAMING." Construed, p. 759. INSTRUMENTS TO PREVENT CONCEPTION. Sale of not indictable at common law, p. 792. INTOXICATING LIQUORS. See LIQUOR LAWS. JOINT INDICTMENT. See CONSPIRACY. KENO. Is not a lottery, p. 759. "KEEPER OF HOUSE OF ENTERTAINMENT." Construed, p. 759. "KEEPING A COMMON GAMING TABLE." Construed, pp. 624, 628. "LAND OF ANOTHER." Construed, p. 601. LETTERS. See POST-OFFICE LAWS. "LEVYING WAR." Construed, p. 113. "LEWDLY AND LASCIVIOUSLY COHABITING.” Construed, p. 793. LEWDNESS. To be indictable must be public, p. 792. Living together in open state of fornication, p. 792. "Lewdly and lasciviously cohabiting" construed, p. 793. "Open and gross lewdness and indecent behavior," construed, p. 793. LIBEL. See SLANDER AND LIBEL. LICENSE. See LIQUOR LAWS. LIQUOR LAWS. A license to keep a tavern includes the privilege of retailing spirituous liquors. State v. Chamblyss, pp. 642, 761. A single sale of intoxicating liquors does not of itself constitute pursuing or following the occupation of a liquor dealer within the purview of the Penal Code. Sandford v. State, 649. It is not the sale, but the following of the occupation of selling of intoxicating liquors, without having first obtained license, that is the gravamen of the offense. Id. |