A Treatise on the Law of Larceny and Kindred Offenses Such as Adulteration, Blackmailing, Burglary, Conspiracy to Defraud, Embezzlement, Extortion, False Pretenses, Frauds and Cheats, Piracy, Receiving Stolen Goods, Robbery, and Trespasses Depriving of Property

Portada
Wait publishing Company, 1892 - 823 páginas
 

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Contenido

CHAPTER II
13
Larceny by trick and device
14
Larceny from house or building 16 Larceny from the person
16
Larceny from the mail
17
CHAPTER III
21
Scope and extent of this rule
24
Its limits and exceptions
27
THE ASPORTATION 26 Necessity of a carrying away 27 What asportation is sufficient 28 What is insufficient 29 How long the larceny is deemed t...
28
WHO MAY COMMIT LARCENY AND HOW 30 Larceny by bailee common law and statutory rules 31 Who may be prosecuted as a bailee general...
31
Depositary
32
Hirer or borrower of a chattel
33
Carrier factor or other bailee for special purpose
34
Larceny by agent servant or clerk 36 Larceny by cotenant lessee cropper
36
Larceny by maker of note bond
37
Larceny by paramour of owners wife
38
CHAPTER VI
42
Animals
50
Larceny of ones own property
52
Larceny of property jointly owned
53
CHAPTER VII
54
Distinction belween larceny and trespass or malicious mischief
55
Distinction between larceny and embezzlement
56
Distinction between larceny and false pretenses
57
Distinction between larceny and robbery
59
CHAPTER IX
65
FORMAL PARTS OF THE INDICTMENT 67 Commencement caption venue 68 Naming the owner of the stolen property 69 Conclusion CHAPTE...
76
CHARGING THE OFFENSE GENERALLY 70 Charging the taking 71 Charging the asportation 72 Negativing owners consent 73 Charging the off...
79
Name of bank need not be stated
80
Treasury notes and national currency
81
Horses mares geldings
82
CHAPTER XII
83
Miscellaneous cases
88
CHAPTER XIII
102
Property of corporations
103
Unknown owners
104
Amending the allegation
105
Charging larceny and receiving stolen goods
115
Averment of possession whence taken
116
CHAPTER XIV
117
Joinder of defendants
118
Election between counts
119
Larceny from the person
120
Larceny by bailee or after trust
121
Theft of animals
122
Bringing of stolen property into State or county
123
Second offenses
124
CHAPTER XV
125
CHAPTER XVII
132
127 Relevancy 128 Sufficiency generally 129 Hearsay 130 Documentary evidence 131 Accomplice testimony
137
Necessity of proving ownership
144
How proven generally
145
Showing constructive possession by owner
146
Showing alleged owners special property
147
Joint and separate ownership
148
Property held in trust
149
Property of married woman
150
CHAPTER XVIII
151
CHAPTER XIX
156
Genuineness
160
Necessity of proving value
161
When value will be inferred
162
How value may be proved
163
How far proof must correspond with allegation of value
164
Proving ownership by marks and brands CHAPTER XXI
165
SHOWING GUILTY KNOWLEDGE OR INTENT S 153 Necessity of such proof 154 Admissibility and sufficiency 155 Extrinsic facts as proof of in...
173
CIRCUMSTANTIAL EVIDENCE GENERALLY S 156 Competency generally 157 Weight and sufficiency 158 Showing ownerswant of consent by ...
177
CHAPTER XXIII
184
North Carolina
185
OTHER FACTS INDICATIVE OF GUILT 196 Bad character of accused 197 His financial condition before and after the occurrence
205
Flight
208
CHAPTER XXV
209
To show intent or develop the res gestae
211
Two offenses part of same transaction
212
CHAPTER XXVI
213
CONFESSIONS 209 Admissibility generally 210 Confessions by persons under arrest 211 What inducement will exclude a confession 212 What ind...
218
DEFENSES 219 In general 220 Advice of counsel 221 Agency
227
Alibi
232
Character
234
Consent
236
Duress 226 Exculpatory declarations
237
Former jeopardy
242
Guilt of another
246
Ignorance of
247
Ignorance of fact 231 Infancy
248
Insanity
250
Intoxication
257
Kleptomania
258
Marital coercion
259
Title ownership claim of right
260
CHAPTER XXIX
263
Instructions as to principals and accomplices
264
Instructions as to reasonable doubt
265
Instructions as to time and place
266
Instructions as to value
267
Necessity of written instructions
268
285 Special verdict 286 Finding value
317
Verdict where two or more are jointly charged 288 Verdict on one or more of several counts or charges
320
Conviction of lesser or other offense
321
Conviction of receiving on indictment for larceny 291 Assessment of punishment by jury
323
Findings on trial by court without jury CHAPTER XXXII
324
Construction of statutes 307 General nature of the offense 308 Jurisdiction 309 What constitutes the offense 310 Relation between thief and receiver ...
334
PART II
367
370 What constitutes embezzlement
370
What does
371
Embezzlement and larceny distinguished
372
Construction of statutes
373
Jurisdictional questions
374
Embezzlement by agent servant or clerk
375
Who is an employer
376
Who is an agent
377
Embezzlement by public officers
378
Embezzlement by de facto officers
379
What may be embezzled generally
380
Embezzlement from the mail
381
CHAPTER XXXV
386
Allegation of delivery of property
387
Charging distinct acts
388
CHAPTER XXXVI
415
Setting out the pretense
419
Negativing the pretense
420
Averment that pretense was successful
421
Averment of intent or scienter
422
Description of the property
423
Averment of ownership
424
Proof of intent
425
Proof of ownership or inhabitancy
426
Presumptive and circumstantial evidence
427
Showing another offense
434
Possession of burglars tools
436
Possession of stolen property
441
What constitutes it generally
445
Evidence in defense generally
446
Putting in fear
447
Robbery by threats
448
The felonious intent
449
Consent when a defense
450
Variance
451
Robbery of person in custody of the mail
452
CHAPTER XXXVII
454
CHAPTER XXXVIII
463
Verdict
464
Sentence
466
Punishment
468
What is not indictable
498
Who are coconspirators
499
Situs of the offense
500
Separate prosecutions
501
What indictments are sufficient
502
Laying the venue
503
Necessity of alleging overt
504
What indictments are insufficient
505
Evidence to convict generally
506
Acts and declarations of coconspirators
507
Burden of proof
508
Proof of delivery of property 391 Proof of value 392 Proof of other acts of embezzlement 393 Matters of defense
524
Variance
537
INSTRUCTIONS VERDICT PUNISHMENT 395 Instructions to the jury 396 Verdict and its effect 397 Punishment fine imprisonment
538
Cutting timber on the public lands
539
Indictment
540
Evidence to convict
541
PART IV
545
VARIOUS MODES OF COMMISSION 410 False representations in sale or purchase 411 False pretense in payment of money 412 False pretense in ...
566
CHAPTER XLVI
576
Affidavit for warrant
578
EVIDENCE DEFENSES VARIANCE 428 What evidence is admissible generally 429 Proof of delivery of property 430 Proof of guilty knowledge ...
605
Variance
620
Variance
621
CHAPTER XLIX
623
Punishment
628
Charging the taking 455 Averment of locus in quo 456 Averment of force or threats 457 Description of the property 458 Averment of ownership 45...
643
CHAPTER LII
652
CHAPTER LIII
668
Verdict
669
Verdict
674
Sentence and punishment
675
PART
677
CHAPTER LV
689
Withholding pension money
702
Indictment or information
703
Evidence for the prosecution
709
Matters of defense
710
Variance 494 Instructions to the jury
711
Conviction and punishment
712
CHAPTER LVI
713
CHAPTER LVII
737
Defenses
788
Variance
790
Fraudulent concealment of property
797
What amounts to piracy 531 Privateering 532 Jurisdictional questions 533 Indictment procedure etc 534 Evidence guilty knowledge
812

Términos y frases comunes

Pasajes populares

Página 289 - In order to justify the inference of legal guilt from circumstantial evidence, the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis than that of his guilt.
Página 727 - In prosecutions for conspiracies, it is an established rule, that where several persons are proved to have combined together for the same illegal purpose, any act done by one of the party in pursuance of...
Página 498 - Whoever, being a postmaster or other person employed in any department of the postal service, shall unlawfully detain, delay, or open any letter, postal card, package, bag, or mail intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier, messenger, agent, or other person employed in any department of the postal service...
Página 625 - A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied ; specifying the extent of the imprisonment, which cannot exceed one day for every one dollar of the fine.
Página 634 - Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
Página 205 - The flight of a person suspected of crime is a circumstance to be weighed by the jury as tending in some degree to prove a consciousness of guilt, and is entitled to more or less weight, according to the circumstances of the particular case.
Página 475 - Every one who voluntarily assumes a relation of personal confidence with another is deemed a trustee, within the meaning of this chapter, not only as to the person who reposes such confidence, but also as to all persons of whose affairs he thus acquires information which was given to such person in the like confidence, or over whose affairs he, by such confidence, obtains any control.
Página 640 - The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals...
Página 65 - Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.
Página 737 - ... bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to be false, fictitious or fraudulent, or to contain any false, fictitious or fraudulent statement or entry, obtain or attempt to obtain any allowance, refund, or payment for damage or otherwise...

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