INDEX. [THE FIGURES REFER TO THE SECTIONS.] ABANDONMENT, when a defence to attempt, 1865. ABDUCTION AND KIDNAPPING. Indictment must conform to statutory conditions, 586. kidnapping is an offence at common law, 590. ignorance no defence to indictment for, 88. ABERRATION, homicide through, 317-8, 320. ABORTION. Producing an abortion is an offence at common law, 592. 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. 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- confederacy with constructive presence may constitute principal, 213. 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- distinction between two degrees only essential when punishment varies, 221. conviction of principal in the first degree not a condition precedent to in misdemeanors all are principals, 223. 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. assistance must be rendered knowingly and really, 231. 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 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- so when agent is in line of principal's business, 247. Misprision of felony is concealment of felony, 249. 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. ADULTERER, guilty of larceny in stealing husband's goods, 917. ADULTERESS, guilty of larceny in stealing husband's goods, 917. Definition. Ecclesiastical law in this respect part of common law, 1717. by Roman law adultery is illicit intercourse with married woman, 1718. 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. 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. |