Defences to Crime: Disabilities of parties; agency; duress; accident, ignorance and mistake; consent; omissions and attempts

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Contents

Infancy Child of Twelve Murder Texas Statute Wusnig v State
33
Husband and Wife Third Persons Assisting Wife to Remove Hus
48
Coercion Applies to Misdemeanors and Felonies Robbery with Violence
57
Husband and Wife Assault and Battery Coercion Commonwealth v
70
NOTES
83
Husband may Watch Wife Eavesdropping
85
Husband and Wife Conspiracy
86
Nor Larceny of or in Husbands Property
87
Nor Embezzlement of Husbands Property
89
Third Person Assisting Wife to Remove Husbands Goods Adulterer
90
Married Woman not an Inhabitant or Member of the State
94
Husband Burning Wifes House Not punishable for Arson
100
31a Trespass Cutting and Destroying Timber
102
Wifes Liability for Crimes Arguments and Remarks in R v Cruise
103
Presumption of Coercion To what Crimes Applicable
107
In the Federal Courts
108
Coercion of Wife Assault and Battery
109
Larceny
110
Receiving Stolen Goods
111
Wife Assisting Husband to Perform Abortion on Third Person
114
Uttering Counterfeit Coin
115
In Presence of Husband Extended Construction of this Phrase
116
HUSBAND AND WIFE 20118
118
CHAPTER III
119
Infancy Between Seven and Fourteen Incapacity Presumed State v
121
Infant under Twelve Illinois Statute Proof of Capacity Angelo v
123
Infant of Eleven Years Murder Confession of Infant
127
Child between Seven and Fourteen Presumption of Incapacity to Com
138
Infant Can not Commit Rape or Assault with Intent State v Sam
145
Infant Under Twentyone
150
Assault Parent and Child Person in Loco Parentis Corporal Punish
158
III 209 123
169
Grand Larceny Boy under Fourteen
170
INFANCY 119189
189
CHAPTER IV
190
Principal and Agent Master and Servant Officers and Soldiers Negli
197
Principal and Agent Burden of Proof of Agency on Prosecution Com
203
Principal and Agent Selling Adulterated Milk Liability of Principal
209
Libel Liability of Publisher of Newspaper R v Holbrook 13 Cox 650
217
Master and Servant Illegal Act of Master Negligence of Servant
224
Principal not Present Not Liable for Guilty Agent Wixson v People 5
232
Agent Employed to Commit Crime Responsibility of Employer for Dif
238
Innocent Agent Not Liable for Obeying Command of Master R v
246
Master and Servant Private Soldier Bound to Obey Orders of Superior
257
Watchman in Jail not Liable for Negligent Escape of Prisoner State v
264
Ilegal Act of Master Negligence of Servant
281
PRINCIPAL AND AGENT 190288
288
CHAPTER V
289
Consent Rape Utmost Resistance and Reluctance Required Whit
298
Consent Indecent Assault R v Wollaston 26 L T N 8 403
307
Rape Consent Fraudulent Personation of Husband Lewis v State 30
319
Rape Consent Insensibility Produced by Intoxication Assault with
325
Consent Obtained by Fraud Statutory Requirements Obtained by Fraud
336
Consent as a Defence Abortion State v Cooper 22 N J L 52
343
Consent Bribery OBrien v State 6 Tex App 665
351
118a Consent by Fraudulent Marriage
380
Assault
383
CONSENT 289407
407
Accident Misadventure Criminal Negligence R V Hull Kelyng
408
Accident Negligence Shooting at Escaping Prisoner State v Obershaw
415
Combination Riot Liability for Act of Another Accident Evidence
433
Accident Mistake of Physician Causing Death Commonwealth v Thomp
439
CHAPTER VII
465
Mistake Person Voting When not Entitled to Ignorance of Fact
472
Mistake Selling Liquor to Intemperate Person Crabtree v State 30 Ohio
528
Mistake Manslaughter Erroneous Belief as to Power of Prayer
536
PostOmice Laws Willful Stopping of United States Mail Mistake
547
NOTES
553
Right to Vote Distinction between Ignorance of Law and Fact
565
Embezzlement Belief of Right
566
Larceny Mistake of Law
568
Selling Leased Property
574
Maliciously Injuring Property Claim of Right
576
Obstructing Working of Mine Mistake
577
Perjury Mistake of Law
579
Returning Property for Taxation Mistake
580
Setting Fire to Property Mistake of Right
581
Fraudulent Contract
585
Officers Mistake of Law by Magistrate
586
Receiving Illegal Vote
592
Abduction
597
Assault
598
Bawdy House Leasing Premises for
601
Conspiracy Placing Person in Asylum Bona fide Belief
602
Cruelty to Animals
604
Exposing the Person
605
False Pretenses
609
Incest
613
Lewdness
614
Malicious Mischief
616
Obstructing Officer or Resisting
619
Perjury
620
Postoffice laws Obstructing the Mail
621
Postoffice Laws Failure to Deliver Letter
622
Postoffice Laws Taking Letter from Postoffice
624
Quarantine Laws
627
Selling Adulterated Food
629
Selling Mortgaged Property
630
Sunday Laws
631
Trespass Levying on Wrong Property
632
Writing on Stamped Paper
633
DCRESS 634639
634
CHAPTER VIII
635
P
636
Plea of Guilty Extorted by Duress
637
CHAPTER IX
640
Attempt Preparations to commit Crime not Indictable People v Mur ray 14 Cal 159
642
Assault Preparations not Sufficient to Show Attempt Young v siate
645
Attempt to Murder Delivering Poison to Third Person Stabler v Com
651
Attempt Conspiracy to commit Adultery Shannon v Commonwealth 14
672
397
676
Attempt Solicitation to commit a Crime not Indictable Cox v People
680
Attempt Renting House of IllFame Brockway v People 2 Hill 559
686
Attempt to Commit Felony Burglary Impossibility by Act of Third
699
Attempt to Commit Burglary Crime not Complete R v McCann 28
713
402
715
Suicide Attempt to Commit not Attempt to Commit Murder R v
722
ATTEMPTS 640748
748
Omission to Disclose Truth False Pretenses People v Baker 96 N
760
Omission Standing by When Crime is Attempted by Others People v
778
Omission Manslaughter Prize Fight Stakeholder R v Taylor 13
787
Omission to Prevent Crime Permitting Bawdy House in Leased Premises
818
Omission Keeping Bawdy House R v Stannard 9 Cox 405
824
Omission Landlord Permitting House to be used for Selling
831
NOTES
837
OMISSIONS 749850
850
Omission Brother Refusing to Provide Necessaries no Assault
875

Common terms and phrases

Popular passages

Page 539 - Is any sick among you ? let him call for the elders of the church ; and let them pray over him, anointing him with oil in the name of the Lord : and the prayer of faith shall save the sick, and the Lord shall raise him up ; and if he have committed sins, they shall be forgiven him.
Page 259 - I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and articles of war.
Page 229 - A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Page 675 - ... shall not be conveyed in the mails or delivered from any post office or by any letter carrier.
Page 150 - AG, obtained a rule nisi to set aside the verdict, and enter a verdict for the defendant, or for a new trial, on the four following grounds, viz.
Page 583 - ... shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And, if any person or persons shall by force set at liberty, or rescue the fugitive from such agent while transporting as aforesaid, the person or persons so offending, shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year.
Page 717 - Every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise.
Page 541 - Riel, against the form of the Statute in such case made and provided and against the peace of our said Lady the Queen, her Crown and dignity.
Page 401 - To determine whether a given case falls within the one class or the other, we must inquire whose is the work being performed, a question which is usually answered by ascertaining who has the power to control and direct the servants in the performance of their work.
Page 240 - This rule excludes all evidence of collateral facts, or those which are incapable of affording any reasonable presumption or inference, as to the principal fact or matter in dispute...

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