PIRACY, WHAT IS-continued. under act of 1790. robbery, larceny or murder on high seas, or in a bay, harbor or basin, either by or or by persons of any nationality, upon any vessel (such vessel losing its national or by persons not lawfully sailing under foreign flag. Crimes, § 553. though under commission to cruise as a privateer if capture is for plunder. or of unknown and unacknowledged power. Crimes, 557. unless on a vessel in fact and right the property of foreign subjects. Crimes, either on board the vessel or in the sea. Crimes, § 555. by inferior officers of privateer, under orders, knowing their act to be criminal. under act of 1820. robbery on high seas, animo furandi, on ship, vessel or ship's company, or its lad- high seas, what. See Offenses on the High Seas. a vessel is on the high seas, when in an open road. Crimes, § 549. 3. WHAT IS NOT. See Offenses on High Seas. capture, in war, between belligerents, or by commissioned vessel of unacknowledged or homicide on ship by kidnapped persons to regain their liberty. Crimes, § 581. or larceny, etc., from prize cargo. Crimes, § 588. or by inferior officers of privateer, under orders, not knowing the act to be criminal. under act of 1790. robbery on high seas by foreigners or insurgents on foreign ships, not merely as a or murder by foreigner on foreigner on foreign ship. Crimes, § 545. 4. PUNISHMENT. under act of 1790, by death. Crimes, $$ 535, 579, 583. may be by power first capturing the offender. Crimes, § 575, 570. 5. EVIDENCE. that defendants are insurgents, or employed by self-declared government, how shown. of character of vessel, by evidence in pais. Crimes, § 522, 547. PLACE OF TRIAL. See Change of Venue; Jurisdiction, 1. PLEA. See Criminal Pleading. prisoner standing mute may have plea of not guilty entered, both in indictments and PLEADING. See Criminal Pleading. PLUNDER. See Larceny. POLICE POWER. See Gaming. licensing surgeon; prosecution for want of license. Crimes, § 2888. it is an offense to take excessive number of passengers on board, though not done when master liable as to those taken on by his predecessor. Crimes, § 1297. shipping gunpowder on board essential, as well as packing, Crimes, 1298. what may be shown as to disorderly houses; what are. Crimes, 1826-29, 1341. POLITICAL ASSESSMENTS. law against, constitutional. Crimes, § 1401. POLYGAMY. religious belief does not justify. Crimes, $$ 851, 854, 865, 869. statutes punishing, do not violate the first constitutional amendment, which guaranties a free exercise of religion. Crimes, § 852, 854-865. is prohibited by statute, 1 Jac. 1, c. 11; so in Maryland. Crimes, § 869. POLYGAMY- continued. the court may properly call attention to the effect of, on women and children. Crimes, on trial for, polygamists are incompetent jurors. Crimes, § $57. provision that postmaster shall reside where office kept, is directory; office not vacant taking letter without felonious intent not a criminal act. Crimes, § 906. proof of criminal intent. Crimes. § 907. construction of acts of 1825 and 1836. Crimes, § 910. offense under section 5467, R. S. Crimes, § 930. evidence of good character of prisoner, force of. Crimes, SS 944, 945. offense of receiving property knowing it to have been stolen from the mail, how proved. treasury notes are promissory notes within the act creating such offense. Crimes, punishing person aiding postmaster to make false return. Crimes, § 954. franking printed matter is not franking letters. Crimes, § 955. mailing is presumed from postmark. Crimes, § 987. how decoy letters may be used. Crimes, §§ 1007, 1009. congress has plenary, over mails. 2. THE MAIL, WHAT. See post, 6. Crimes, §§ 988, 1006. letter thrown into a hall by carrier, protected. Crimes, § 873, 892, 893. after delivery, a letter is out of the guardianship of the United States. Crimes, §§ 881, a letter is protected, though not actually to be sent to apparent destination, but to be when letter is delivered. Crimes, § 893, p. 252. mail defined. Crimes, $ 908, 909. errand boy of person addressed, not indictable for embezzlement in federal court. embraces everything which may be sent by post. Crimes, § 936. decoy letter protected, though sent to entrap defendant. Crimes, § 939. 3. OBSTRUCTING THE MAIL. act of 1825 applies only to those who know their acts will obstruct. Crimes, § 938. Crimes, $$ 871, mail horses cannot be seized on debt, if obstruction ensue. Crimes, 872, 889-891. a constable may stop a mail carrier driving at dangerous rate through populous street. railway officers may be punished for disobeying municipal ordinance as to speed POSTOFFICE, THE-continued. 4. ROBBING THE MAIL. act of 1825 does not punish embezzlement by an agent fully authorized to receive and unless he receives it with intent to pry into another's business or secrets. Crimes, under section 22 it must be shown that bank-notes stolen were of some value. Crimes, how notes shown to be genuine. Crimes, § 902. letter from which theft made need not be taken out of the postoffice building. carrier indictable. Crimes, §§ 928, 929, 930. a mere taking without a criminal intent is not punishable. Crimes, $$ 879, 905-907. as to what matter is protected as mailable, see supra, 2. local mail agent and telegrapher liable, though receiving no compensation. Crimes, Crimes, § 942. when it need not be shown that the letter was mailed. Crimes, § 941. one stealing and passing a bank-note cannot be heard to say it was counterfeit. Crimes, Crimes, § 915. the accused is liable for stealing a decoy letter. Crimes, § 914. Crimes, $$ 924, 927. section 279, postal laws of 1872 (§ 5467, R. S.), defines two offenses, embezzlement and it is otherwise under § 5467. Crimes, § 935. embezzlement by postmaster, what. Crimes, § 933. what evidence necessary to convict. Crimes, § 934. 5. OPENING LETTERS, ETC. opening letter thrown into a hall by carrier, punishable. Crimes, SS 873, 892, 893. a former assistant not included. Id. applies only to letters in transit, and not to those withheld by assistant from post- and not to drop letters. Crimes, § 921. cases reviewed as to. Crimes, § 892. after mailing no one but writer or person addressed can open. Crimes, §§ 916, 918. permission to slieriff to open letter does not extend to letter after its deposit in the a state officer has certain power over correspondence of prisoner while it is out of postal a person not addressed may open and read if the letter was written with that view. whether a postmaster can in any case open a letter as agent for sender. Crimes, § 922. a. In general. it is no defense that the matter was sent in answer to a detective's decoy letter and one causing matter to be sent, as well as the mailer, is within the act of 1876. b. Letter or circular concerning lotteries; section 3984, R. S. the lottery need not be one established by law or incorporated. Crimes, §§ 956, the defendant's occupation and other extrinsic circumstances are material. Crimes, the law applies to sealed letters, and is constitutional and valid. Crimes, §§ 958, the same instrument may be both letter and circular. Crimes, § 975. need not be charged to be a lottery "offering prizes." Crimes, 976. papers contained in same envelope with such circular are admissible. Crimes, so of testimony of other persons who have visited place of business and seen lot- POSTOFFICE, THE, NON-MAILABLE MATTER, Letter or circular concerning lotteries con. congress may punish persons for sending lottery tickets in the mail. Crimes, 971, no defense that letter sent to fictitious address. Crimes, § 1016. c. Mailing letters, etc., with intent to defraud; section 5480, R, S. using the mails to procure the circulation of counterfeit money is indictable. the gist of the offense is the abuse of the mail; defendant's admission that he sent publisher of newspaper containing information as to procuring abortion is liable the advertisement need not indicate the article to be used or its properties. Id. the fact that the articles sent were actually harmless and ineffectual is immaterial. also that they could not be actually obtained at the specified place. Crimes, § 997. congress cannot directly prevent the use of such articles; it can simply prevent the statute constitutional. Crimes, § 2481. in construing statute regard is had to the limits of congressional power. Crimes, indictment need not allege the particular articles intended, etc. Crimes, $995. a written slip without signature is a "notice." Crimes, § 1019. how act construed. Crimes, § 1020. e. Indecent, obscene, etc., matter; section 3893, R. S. See post, 7, c. "indecent" means immodest or impure; coarse or profane language not indictable. a private sealed letter, outwardly unobjectionable, not included. Crimes, newspaper not included in act of 1872; but is in act of 1876. Crimes, § 1000. transmission of obscene matter in a letter must be intended to be seen by others a principal may be indicted for acts of his agent. Crimes, & 1013. what is the test of obscene matter, Crimes, SS 1021, 2486, 2487. on the trial, the object and use of, not considered. Crimes, §§ 2451, 2480-89. portions of obscene book may be excluded. Crimes, § 2486. object of book immaterial in a prosecution for mailing it. Crimes, § 2488. 7. INDICTMENT. See Indictment. a. Generally. for mailing matter relating to abortion, may be in conjunctive, when. Crimes, what sufficient description of improper matter sent by mail. Crimes, § 1010. embezzling letter, may be proceeded against by information, Crimes, §§ 2439, what sufficient designation of accused. Crimes, § 2472. b. What must be stated. for procuring and advising act, must charge act to have been committed. Crimes, to rob mail, must state the actual robbery. Crimes, § 2452. sufficient to state that obscene book was knowingly deposited. Crimes, § 2485. c. What need not be stated. on indictment for opening letter. Crimes, $$ 2438, 2454-59. description of letter charged to have been secreted. Crimes, §§ 2445, 2474–79. for embezzling letter, ownership unnecessary. Crimes, SS 2440, 2460–63, 2504, 2506. that letter was to be conveyed by mail. Crimes, §§ 2442, 2468-69. defendant's office. Crimes, § 2505. ownership of money in letter. Id.; or by whom draft is drawn. Crimes, indictment held good. Crimes, SS 2443, 2470-73. POSTOFFICE, THE, INDICTMENT, What need not be stated — continued. for embezzling of bank-note in letter, note need not be described. Crimes, § 2444; value of note. Crimes, S$ 2490, 2506; or name of bank, § 2506. robbing mails, particular description of letter stolen unnecessary. Crimes, § 2476. as to non-mailable matter; obscene matter need not be set out, when. Crimes, that defendant knew it to be such. Crimes. §§ 2450, 2480-89. See § 2485. what, on indictment for sending lottery circular. Crimes, § 2495. that defendant member of congress, in indictment for unlawful franking. Crimes, d. In words of statute. embezzlement of letter. Crimes, SS 2441, 2464–67. need not be charged that letter came to defendant's hands by virtue of his employ- laxity allowed in pleading in. Crimes, § 2464. value of bank-note stolen from mail need not be alleged. Crimes, § 2490. e. Surplusage. not, that letter was to be carried from one place to another. Crimes, § 2491. PRACTICE. See Criminal Procedure. state rules of, how far applicable to federal courts. Crimes, SS 2676-77, 2694–2707. PRELIMINARY EXAMINATION. See Arrest; Grand Jury; Indictment. United States court commissioners have same power as local justices of the peace. state laws control as to procedure. Crimes, §§ 1501, 1503, 2700. act ministerially; court may assume control. Crimes, §§ 1500-1502. equivalent to acquittal, when. Crimes, § 2861. PRESIDENT, THE. See Extradition, 1; Pardon. power over prosecution, see Criminal Procedure, 4. PRESUMPTION, See Crimes, 1, d; Homicide, 7; Evidence. 1. IN GENERAL. 2. WHAT CRIMES ADMIT ACCESSORIES. 3. WHO ARE ACCESSORIES. 4. WHO ARE PRINCIPALS. 5. TRIAL OF ACCESSORY. 1. IN GENERAL. Crimes, § 1508. district attorney cannot excuse prosecution of accessory by contract, for his testimony. accused has only equitable title to pardon. Crimes, § 3030. weight of testimony of accomplices. Crimes, §§ 3052-3055. accomplice testifying for prosecution entitled to discharge; pardon of. Crimes, § 3054. 2. WHAT CRIMES ADMIT ACCESSORIES. misdemeanors do not. Crimes, § 3039-3042. before the fact, none in murder. Crimes, § 3048. treason does not. Crimes, § 3049. 3. WHO ARE ACCESSORIES. one not personally present but concerned in the design of the crime. Crimes, § 3038. if act not a crime there can be no accessory. Crimes, § 3045. one aiding and abetting murder, not being present. Crimes, § 3049. |