HOMICIDE, MURDER, Malice aforethought, what — continued. not presumed; how proved. Crimes, § 3146. dueling, whether murder. Crimes, § 672. indictment must be framed with great precision; statement in words of statute 3a. MURDER IN SECOND DEGREE. conviction for, on charge of murder. Crimes, § 676. 4. MANSLAUGHTER. a. Definition. killing without malice, express or implied. Crimes, SS 630, 651, 691. voluntary, or killing in self-defense when the evident intent of deceased is only to involuntary when committed by accident without intent to kill, but unlawfully. killing after intent of deceased to commit a felony has evidently ceased, but excite- distinguished from murder only by malice. Crimes, § 600, 643–653. b. Instances. it is, for captain not to stop and pick up a drowning seaman. Crimes, SS 618, by omission of plain duty, resulting from law or contract, causing death. Id.; § 697. killing with intent only to commit civil trespass. Crimes, § 680. resisting illegal arrest by killing. Crimes, § 688, 695, 695. dueling, whether murder or manslaughter. Crimes, § 672. one prosecuted for murder may be found guilty of. Crimes, § 650, 698. act on high seas, followed by death on land, how punished. Crimes, §§ 627, 665-669. by firing gun in dangerous direction. Crimes, § 715. 5. PROVOCATION; SELF-DEFENSE; JUSTIFICATION, ETC. homicide in self-defense is justifiable, when the aggressor attempts, by surprise or vio- when the danger is iniminent and must be immediately met. Crimes, § 634. when the provocation is not disproportionate to the homicidal act. Crimes, $$ 626, excusable, when. Crimes, 699, 700. how, when illicit distillers are shot by soldiers. Crimes, § 686, 706, 707, 782. is not justifiable, when the eivdent intent is to commit only a trespass; words, insults or when the evident intent of deceased was to quell a broil. Crimes, § 702. it is no extenuation that the prosecutor is very irritable and easily excited to ungovern- it is not, that the deceased was a habitual violator of the penal law. Crimes, § 686. See orders of superior army officer not per se sufficient, nor infraction of discipline, mutinous provocation must be very great. Crimes, $$ 607, 667, 670. recent threats of deceased against prisoner, not communicated to latter, are admissible. the killing officers in discharge of their duty. Crimes, §§ 688, 689. how, when the person killed is not really an officer. Crimes, §§ 688, 695. 6 ACCESSORIES. See Principal and Accessory. those are, who are present aiding the act. Crimes, § 675. conspirators guilty of murder, when. Crimes, § 690. 7. PRESUMPTION. See Crimes. when malice must be rebutted by defendant. Crimes, § 631. of justifiable homicide, does not result from showing assault by deceased. Crimes, burden of proof; malice presumed, when. Crimes, § 657, 684, 713. 8. ATTEMPTS. as provocation, see supra, 5. 9. THREATS AND CONSPIRACIES. conspirators guilty of murder, when. Crimes, § 690. threats against prisoner by deceased not known to former, admissible. Crimes, § 670. state law applies to case removed, when. Crimes, $$ 611, 636-642. HUSBAND AND WIFE. See Married Women. I. IGNORANCE. See Crimes. IMMUNITY. See District Attorney. INDECENT MATTER. what is; is non-mailable, when. See Postoffice, 6, e. INDIAN AGENT. cannot embezzle, but may commit crime of conspiracy to embezzle or defraud the INDIAN COUNTRY. See Offenses Relating to Indians. jurisdiction of offenses in, see Jurisdiction, 3. introducing liquor into Alaska, a crime. Crimes, §§ 1238, 1243–44. INDIAN RESERVATIONS. jurisdiction of crimes on, see Jurisdiction, 3. INDIANS. See Offenses Relating to Indians. indictment for selling liquor to. Crimes, § 2658. INDICTMENT. See Assault; Bankruptcy; Civil Rights; Common Scold; Consuls and Min- each count is a substantive charge. Crimes, § 550. for offense of importing women for prostitution, what sufficient. Crimes, § 1410. must be an offense which congress can make a crime. Crimes, § 109. when lost, quære as to trial on copy. Crimes, § 3180. count charging two indictable acts, good. Crimes, § 894. use of technical terms in. Crimes, § 895. for embezzlement by United States bank officer. Crimes, § 1433. rules as to inducement. Crimes, § 2295. construed strictly. Crimes, § 2080. when felonious intent charged. Crimes, §§ 2543-44. one good count supports judgment. Crimes, § 2093. less strictness required in charging misdemeanors. Crimes, § 2099. names of grand jurors need not appear in, technical objections to overruled. Crimes, technical words presumed to be used technically. Crimes, § 2207. referring to statute in. Crimes, § 2208. against officer not described as such. Crimes, § 2209. how far organization of grand jury to be stated. Crimes, § 2467. caption, defects in, not ground for arrest of judgment. Crimes, § 2101. aids statement. Crimes, § 2102, 2297. name of court in. Crimes, $ 2178-79. how sufficiency of, tested. Crimes, $ 2857-39. INDICTMENT, IN GENERAL- continued. names of witnesses to be indorsed on, when. Crimes, SS 2180-82. Crimes, § 2924. name of prosecutor not necessary to be written at foot of. Crimes, SS 2183-89. what sufficient publication of. Crimes, § 2890. signature of district attorney unnecessary. Crimes, § 2191. presentment, must be on oath. Crimes, § 2194. what is; when considered same act as indictment. Crimes, § 2195-96. an acquittal, when. Crimes, § 2861. 2. CERTAINTY OF STATEMENT. accused must be informed of the crime charged. Crimes, § 2074. See § 2482, p. 698. when bad in part only. Crimes, § 2079. description in first may be adopted in subsequent count. Crimes, § 2082. demurrer for insufficiency. Crimes, § 2086. assault on a person unknown," bad. Crimes, § 2107. that accused shot the said horse," good, without describing weapon. Crimes, § 2110. how misdemeanors stated. Crimes, § 2453. defendant may have bill of particulars. Crimes, § 2483. certainty required. Crimes, § 2547. the indictment must charge the means of fraud, and wherein it consisted. Crimes, SS 2046, 2052-53. the facts constituting the crime. Crimes, §§ 2071, 2073-75, 2078, 2087. as to joint crime. Crimes, § 2088. the species; not enough to use generic terms, when. Crimes, § 2094. manner of statement must be positive; nothing material taken by inference. Crimes, possibility of innocence must be excluded. Crimes, § 2078. matters of form immaterial unless prejudicial. Crimes, § 2097. 2a. NAME AND ADDITION OF DEFENDANT. by which generally known, sufficient. Crimes, § 2173. 26. NAMES OF PERSONS OTHER THAN DEFENDANT. 66 upon a person unknown," leaving out "to the jurors," good. Crimes, § 2107. too late to object to insufficiency of statement of, after verdict. Crimes, § 2892. 3. INDICTMENTS ON STATUTES. rules of pleading as to. Crimes, 2054, 2083, 2146–52, 2455. greater particularity required when offense known to common law. Crimes, § 2137. must conform to statute. Crimes. § 2300. technical words unnecessary. Crimes, § 2475. in words of statute, sufficient generally. Crimes, §§ 978, 2135, 2139, 2141, 2143. 2135, 2145, 2150. insufficient under section 5438, as to fraudulent claims. Crimes, § 2052. crime must be fully described. Crimes, 2142. technical terms must be explained. Crimes, § 2148. rule inappliable to capital crimes. Crimes, § 2151. and to ambiguous statutes. Crimes, § 2152. exceptions must be negatived, when; what sufficient. Crimes, $$ 978, 2048, 2054-58, 2161-62. what, when exception incorporated in general clause. Crimes, § 2055. instances of, not pleaded, and judgment arrested. Crimes, § 2057, p. 561. provisos are part of description and must be alleged. Crimes, § 2055. but this rule is not a universal criterion. Crimes, § 2055. when need not be negatived. Crimes, § 2055, p. 559. misdemeanors may, generally, be charged in words of statute. Crimes, §§ 2153-55 4. SPOKEN OR WRITTEN WORDS. necessary to be charged in hæc verba. Crimes, § 979. 5. CHARGING INTENT. when statute uses word "wilfully" the indictment must also do so. Crimes, SS 2049, 2054-58. when act need not be charged as "feloniously" done. Crimes, § 2108 venue need not be laid to. Crimes, § 2459. 6. CHARGING KNOWLEDGE. unnecessary, when. Crimes, $$ 2103-2105. INDICTMENT- continued. 7. TIME. See Arrest of Judgment. figures should not be used for dates. Crimes, § 2098. allegation necessary, but need not be proved, unless essential. Crimes, § 2111. Crimes, but if allegation shows the bar, the proof may cure it. Crimes, § 2114. See § 2115. 66 on high seas, out of jurisdiction of state," good. Crimes, § 2120. 9. TIME AND PLACE. not so essential in statutory offenses as in felony or common 10. CONCLUSIONS AND PRESUMPTIONS. Crimes, § 2121. law offenses. Crimes, § 2077. it need not be charged that act done unlawfully, when facts stated. Crimes, § 2092. 11. AGGRAVATION. matters in, need not be proved. Crimes, § 2100. unnecessary words added as may be rejected. Crimes, § 2131. 12. REPUGNANCY. allegation of act "then and there," bad, when. 13. DUPLICITY. See Joinder. indictment bad for. Crimes, § 2130. 14. SURPLUSAGE. See Aggravation. will not vitiate. Crimes, § 2066. Crimes, § 2122. unnecessary matters must sometimes be proved. Crimes, § 2081. instances of. Crimes, § 2133, 2399, p. 650; § 2599. material, inconsistent matter not rejected as. Crimes, § 2134. not cause for misjoinder or duplicity. Crimes, §§ 2212, 2222–27. surplusage is what does not affect the charge. Crimes, § 2066. what is not; descriptive matter, when. Crimes, § 2066. 15. CONCLUSION OF INDICTMENT. what sufficient; quashing for want of; unnecessary in statutory offense; singuler er 16. AIDER BY PLEADING OVER. of defenses in abatement. Crimes, § 2091. none of demurrable matters. Crimes, §§ 2045, 2052-53. 17. AIDER BY VERDICT. failure to set out essential fact by innuendo, when cured. Crimes, § 977. 18. JOINT INDICTMENT. See Joinder. proof must show that act wholly arose from joint act. Crimes, § 1126. one may have separate trial if other discharged on plea of autrefois convict. Crimes, 19. MOTION TO QUASH. indictment must be bad beyond reasonable doubt. Crimes, § 2090. at what stage made. Crimes, 2837-39. for irregularities before grand jury. Crimes, §§ 1821, 1842–44. quashing does not prevent filing of information. Crimes, § 2831. must be supported by affidavit, when. Crimes, § 2834. when granted, accused may be held over, when. motion not granted for - Crimes, §§ 2859-60. defects in abatement, aided by pleading over. Crimes, § 2091. want of previous presentment. Crimes, § 2170. defect pleadable in abatement, cured by pleading over. Crimes, § 2454. motion granted for- defects which make judgment erroneous. Crimes, SS 2091, 2832. allegation of time on or about." Crimes, § 2113. want of proper conclusion. Crimes, 2163. want of name of prosecutor on indictment, when; when not. Crimes, §§ 2183-89. INDUCEMENT. rules as to, in criminal pleading. Crimes, § 2295. INFAMOUS CRIMES. See Felonies and Infamous Crimes. INFORMATIONS. See Felonies and Infamous Crimes, 4; Indictment. "indictment" includes, in section 1032, R. S. Crimes, § 2688. embezzlement of letter may be proceeded against by. Crimes, §§ 2439, 2460–63. quashing indictment does not prevent filing of. Crimes, § 2831. form upheld; signature. Crimes, § 2199, 2200. all crimes except those capital or infamous may be prosecuted by. Crimes, §§ 2204, previous complaint necessary; but need not be recited; statements of. Crimes, §§ 2202, INSANITY. 1. IN GENERAL. 2. BURDEN OF PROOF. 3. INSANE DELUSION. 1. IN GENERAL; DEFINITION OF. such mental disease as to destroy responsibility, is. Crimes, §§ 3103, 3128. total insanity, what. Crimes, § 3129. partial insanity, what. Crimes, § 3130. conduct, language and letters of accused admissible on question of. Crimes, § 3131. the MacNaghten case. Crimes, § 3134. hereditary insanity. Crimes, § 3132. documentary evidence on question of. Crimes, § 3137. conviction of right and religious duty no defense to crime. Crimes, § 3138. distinction between mental and moral obliquity. Crimes. § 3143. malice is inconsistent with. Crimes, § 3147. what is insanity. Crimes, §§ 3118, 3150. a question of fact for jury. Crimes, § 3148. delirium tremens is. Crimes, § 3120, 3151-2. intoxication not. Crimes, § 3153. a defense to murder, though intemperance only the remote cause of. Crimes, § 3155. when will excuse crime; how ascertained. Crimes, §§ 3158, 3159. at time of trial, effect of. Crimes, $$ 3162–63. as a defense to crime. Crimes, §§ 3103-3123. 2. BURDEN OF PROOF OF. is on defendant. Crimes, §§ 3126, 3154. but prosecutor must prove particular cause of, when. Crimes, § 3154. 3. INSANE DELUSION, ETC. what is. Crimes, § 3136. the insane delusion SS 3139-40. of immediate inspiration; declaration of accused. Crimes, sane and insane beliefs on inspiration. Crimes, § 3141. INSPECTORS. See Resisting an Officer. INSTRUCTIONS. See Jury. INSURANCE. destruction of ship to obtain, not on high seas, not federally cognizable. Crimes, § 1301. not an offense as to insurers of cargo. Crimes, § 1303. by casting away, indictable. Crimes, § 1304. de facto company sufficient. Crimes, § 1305. so of de facto officers. Crimes, § 1306. INTENT. See Crimes. INTERNAL REVENUE. See Conspiracy, 5; Violation of Revenue Laws; Resisting an Offi- penalty, how recovered. Crimes, §§ 92-94. killing illicit distillers, when justifiable. Crimes, §§ 686, 706, 707. INTERNATIONAL LAW. See Law of Nations. INTERPRETATION. See Construction and Interpretation; Statutes. ITALIAN CHILDREN. offense of kidnapping. Crimes, §§ 1393-95. |