INDEX.

[THE FIGURES REFER TO THE SECTIONS.]

ABANDONMENT, when a defence to attempt, 1865.
ABANDONMENT OF DEPENDENTS (see MISCONDUCT IN Office).
ABATEMENT OF NUISANCE, 1426.

ABDUCTION AND KIDNAPPING.

Indictment must conform to statutory conditions, 586.
woman in such case may be a witness, 587.
indictment must be in county of offence, 588.
original actors are all principals, 589.

kidnapping is an offence at common law, 590.

ignorance no defence to indictment for, 88.

ABERRATION, homicide through, 317-8, 320.
ABETTOR, constituents of, 219.

ABORTION.

Producing an abortion is an offence at common law, 592.
woman a witness for the prosecution, 593.

consent no defence, 594.

otherwise as to necessity, 595.

non-pregnancy no defence to indictment for attempt, 596.

indictment must be special, 597.

homicide incidental to, 316, 323, 390, 430.

conspiracy to commit, 1364.

ABSENCE, proof of, in bigamy, 1691.

ABUSING FEMALE CHILDREN (see RAPE, Seduction).

ACCESSARIES, law of as to attempts, 198, 223.

venue in case of, 287.

ACCESSARYSHIP.

Statutory Changes.

Common law recently modified by statutes, 205.

Principals.

Principal in first degree is actual perpetrator, 206.

presence is not necessary when causal connection is immediate, e. g.
agent is irresponsible, 207.

when

accessary before the fact cannot be convicted as principal, 208.

ACCESSARYSHIP - (continued).

non-resident party may be liable for agent's acts, 209.

wife not ordinarily co-principal with husband, 210.

principals in the second degree are those present aiding and abetting,

211.

if principal is irresponsible, indictment should not be for aiding and abet-
ting, 212.

confederacy with constructive presence may constitute principal, 213.
but act must result from confederacy, 214.

in duels all are principals, 215.

persons abetting suicide are principals in murder, 216.

persons executing parts of crime separately are principals, 217.

persons outside keeping watch are principals, 218.

an abettor must be near enough to give assistance, 219.

persons confederating for wrongful purpose are chargeable with inci-
dental felony, 220.

distinction between two degrees only essential when punishment varies,

221.

conviction of principal in the first degree not a condition precedent to
trial of principal in second degree, 222.

in misdemeanors all are principals, 223.
and so as to treason at common law, 224.
Accessaries before the Fact.

Commanding and counselling constitute accessaryship before the fact,

225.

several instigators may be combined, 225 a.

must be causal connection, 226.

silent acquiescence is not counselling, 227.
countermanded advice does not implicate, 228.
accessary not liable for collateral crime, 229.
relative guilt of accessary and principal, 230.

assistance must be rendered knowingly and really, 231.
may be accessary before the fact to manslaughter, 232.
accessary before the fact need not be originator, 233.
quantity of aid immaterial, 234.

conviction of principal no longer a prerequisite, 237.

indictment must particularize offence, 238.

verdict must specify grade, 239.

attempts, 240.

Accessaries after the Fact.

An accessary after the fact is one who subsequently assists or comforts
the felon, 241.

knowledge of principal's guilt is essential, 242.

wife is not liable as accessary, 243.

conviction of principal primâ facie evidence of guilt, 244.

indictment must be specific, 245.

Where the agent acts directly under principal's commands, principal lia-
ble, 246.

so when agent is in line of principal's business, 247.
non-resident principal infra-territorially liable, 248.
Misprision.

Misprision of felony is concealment of felony, 249.
ACCIDENT, how far a defence, 169.

ACCOMPLICE (see ACCESSARY, DECOY).

ACQUIESCENCE does not constitute counselling (see VOLENTI NON FIT

INJURIA), 227.

when a defence in rape, 558-60, 577.

when defence to an attempt, 189.

ACT, GUILTY, causation of (see CAUSAL CONNECTION).

responsibility for (see INSANITY).

ADMIRALTY JURISDICTION, limits of, 269–72.
ADMISSIONS, weight of in proving marriage, 1700.
ADULTERATIONS, when indictable at common law, 1120.
ignorance of, no defence, 88.

ADULTERER, guilty of larceny in stealing husband's goods, 917.
homicide of, 459.

ADULTERESS, guilty of larceny in stealing husband's goods, 917.
ADULTERY.

Definition.

Ecclesiastical law in this respect part of common law, 1717.

by Roman law adultery is illicit intercourse with married woman, 1718.
by ecclesiastical law it is a sexual violation of the marriage relation, 1719.
in the United States definition varies with local statutes, 1720.

when statute makes "adultery" alone indictable, it includes both sexes,

1721.

living in adultery implies continuous living, 1721 a.

Defences.

Divorce is a defence, 1722.

but not desertion, 1723.

nor want of consent in participant, 1724.

nor local or foreign custom, 1725.

nor "honest belief" or ignorance, 1726.

nor illusory marriage of defendant, 1727.
Indictment.

Allegation of marriage is essential, 1728.

"commit adultery" is a sufficient description, 1729.

defendants may be joined, 1730.

scienter unnecessary, 1731.

Evidence.

Marriage must be proved as in bigamy, 1732.

adultery to be inferentially proved, 1733.

confessions admissible, 1734.