None
joinder of, in receiving stolen goods, iii, 981 (2), 987. COUNT IN FORGERY, may charge different intents, iii, 425 a. "fiOUNTERFEIT," In indictment for uttering, iii, 440. W26 INDEX. COU COXJNTERFBIT MONEY, passing, how Indictment for, i, 436 (2), note. COUNTERFEITING, (See Coining— Foeqeet— Possession.) how indictment for diminishing coin, ii, 636. (7); proof of another, ii, 1126 (2), 1127 (1). COUNTERFEITING COIN, Procedure for, and the lilce, full, iii, 246-271; namely, counterfeiting the coin, 248-256; passing counterfeit coin, 257-262; uttering, having other in possession, 263, 264; possession with intent to pass, 265- 268; possessing or making the instrument ^269, 270; second or third offence, common utterer, &c. 271. indictment for, to state kind, ii, 529 (2). COUNTERFEITING AND HAVING, (See Possessing— Counterfeits.) whether join, i, 449 (6), note. COUNTERFEITS, how indictment for receiving, contrary to statute, ii, 633 (2). COUNTRY, (See Foreigner.) crime may be committed out of the, i, 53. COUNTS GOOD AND BAD, (See Count.) sentence on, ii, 1332. COUNTS MORE THAN ONE, Verdict on, full, 11, 1015, 1015 a. COUNTS AND OFFENCES, Sentence where more than one, full, ii, 1325-1334. COUNTY, COUNTIES, (See Change of Venue— Particular Localitt — Place — Proof of.) Of the prosecution, full, i, 45-67. Procedure for goods stolen in one, and carried into another, full, iii, 727-729. effect of dividing a, on the place of the indictment, i, 49 and note; part of the act in one and part in another, i, 52-55; electing in which of two, to prosecute, i, 54 (1); acts partly in each of two, i, 58 (2) ; amending name of, in indictment, i, 97 (4) ; when to pay prisoner's counsel, i, 305, 306; in margin of indictment, i, 377, 379, 385; special verdict must state the, ii, 1006 (7); costs payable by, ii, 1316. the, in false pretences, iii, 197. the, in embezzlement, iii, 326. the, in indictment for forgeries and utterings, iii, 475, 480. averring and proving the, in homicide, iii, 638 (2). the, in kidnapping, iii, 693; in libel, iii, 805. COUNTY OR DISTRICT, (See District.) How charge, in modern indictment, full, i, 368-371. COURSE OF JUSTICE, Or proceeding wherein perjury was committed, how aver, full, ill, 905-911, 924. 1927 COU CRIMINAL PROCEDURE. COURSE OF TRIAL, (See Obdee— Teiai,.) Indictment to give information how to order, full, ii, 532-537. COURT, (See Circuit — Couese op Tkial — Infebiob— Judge — Jukisdiction — Open.) Personal presence of prisoner in, full, i, 265-277. The, full, i, 314-317. Indictment to inform the, so it can order course of trial, full, li, 532- 537. What will guide the, in its sentence, full, ii, 538-542. who the, i, 35; jurisdiction of, from law, not consent, 1, 96 (1); act of, not prejudice prisoner, i, 120 (2); arrests for offences in pres- ence of, i, 179 (1); or judge may bind over, i, 229 (1), distinctions as to, of inferior and of superior jurisdiction, i, 236-239; changing day of holding, effect on recognizance, i, 264 & (3) ; to determine words of indictment, i, 338; pleas to jurisdiction of, ii, 736, 794; grand jury a part of the, ii, 868 (1); the, in place of triers, ii, 906, 934 (4); of own motion discharging unfit jurors, ii, 947 (2); to be open at trial, ii, 957-959; how interfere in examination of ■ witness, ii, 966 a (1); when check counsel, ii, 975 B (2); to determine sufiBciency of evidence, ii, 977, 978; communications between, and deliberating jury, ii, 1000; admitting accomplice as witness, ii, 1161 (3) ; the, determines admissibility of dying declaration, ii, 1212 (1) ; determines, and on what evidence, whether to admit con- fession, ii, 1220; sworn admissions before, ii, 1255; may arrest judgment self-moved, ii, 1283; place of holding, how in record, ii, 1351; whether participate in nolle prosequi, ii, 1388 (2), 1389; no injunction against the, ii, 1414. what for, in disorderly house, iii, 281 (3). determines competency of expert, iii, 687. how far perjury a question for the, iii, 933. COURT OR CAUSE. Wherein perjury was committed, how aver, full, iii, 905-911, 924. COURT DAY, change of, after bail, I, 264 6 (2). COURT DE FACTO, (See De Facto.) doctrine of, i, 316 (3). COURT EXCUSING JURORS, parties not object to, 11, 926 (4). COURT HAND, abolition of, i, 343 (1). COURT-HOUSE, whether court must sit in, i, 317 (2). COURT AND JURY, (See Teial.) Respective provinces of, full, ii, 982 6-989 6; namely, general, 982 c, 982 d; jury judging of law, 983-988; court judging of fact, 989-989 6. Eow communications 'between, full, ii, 1000. COURT NOT OF RECORD, certiorari in proceedings of a, ii, 1378. COURT OR OFFICIAL PERSON, before whom perjury was committed, how aver, iii, 910. "COURT IS OF OPINION," words, in sentence, ii, 1296. 1928 INDEX. CRl COURT OF REVIEW, distinguished from trial court, as to granting new trial, ii, 1274. COURT ROOM, Arrangements within the, full, ii, 952-959. Excluding from, witnesses in waiting, full, ii, 1188-1193 a. COURTS OF RECORD, (See Binding Oveb— Couet.) power of, to commit for trial, i, 229; writ of error only to correct judgments of, ii, 1364. COVENTRY ACT, Indictment on the, iii, 855 (2). CREATED, how court, i, 315 (2). CREDIBILITY OP ACCOMPLICE, evidence of, ii, 1170 (2). CREDIT TO STUDENT, how indictment for unlawfully giving, ii, 626 (2). CRIME, CRIMES, (See Anothbe— No OFrENCB.) Ascertaining and particularizing the, in indictment, full, i, 415-420. EiDidence of another, in proof of the one in question, full, ii, 1120-1129. all, subject to indictment, i, 130; breaking castle to arrest for all, i, 196; meaning of word, i, 220 (2); what, bailable, i, 252; alleging time in way to disclose no, i, 404; one, set out differently in different counts, i, 426; committed in different ways, i, 434-436; bias against, whether disqualifies juror, ii, 916 (2), 917; equity no jurisdiction over, ii, 1412; commission of, not subject for injunction, ii, 1415. procedure in conspiracy to charge with, ill, 240, 241. CRIMEWITHIN CRIME, how indictment, i, 417 (2) ; charging, not duplic- ity, i, 433. CRIME JOINT, (See Joindee of Offences.) How indictment against perpetrators, full, ii, 463-472. CRIME AGAINST NATURE, (See Sodomy.) CRIME PREJUDICIAL TO PUBLIC, right to arrest one committing, i, 169. CRIMES SEPARATE, One indictment for several, full, ii, 473-476. CRIMINAL ACT, How set out the, in forgery, full, iii, 426. "CRIMINAL OASES," what are, within constitutional provision for jury trial, ii, 892 (4); higher degree of presumption required in, than civil, ii, 1075. CRIMINAL CAUSE, , Outline of a, full, i, 28-44. effect of agreements in, i, 125 (3); compared with civil, as to new trial, ii, 1273; as to enforcing the law, ii, 1275; as to writ of error, ii, 1361. CRIMINAL AND CIVIL CASES, how jury's oath differs in, ii, 983. CRIMINAL EVIDENCE, (See Evidence.) compared with civil, ii, 1046 (1), 1080, 1092, 1095, 1132, 1136. CRIMINAL INTENT, (See Intent.) allegation of, in homicide by neglect, iii, 538 (1). 1929 DAM CRIMINAL PROCEDURE. CRIMINAL. INTENT— continued. proof of, in libel, ili, 801. when presumed, in violating Lord's day, iii, 818 (2). CRIMINAL PLEADING, importance of knowing, i, 44; compared with civil, i, 320-322. CRIMINAL PROCEDURE, (See Judicial Pkoceduke — Obdee — Pboceduke.) Viewed historically and in general, full, i, 12-27. meaning, i, 1, 2. CRIMINAL PROCEEDINGS, equity does not enjoin, ii, 1414. CRIMINAL TRANSACTIONS, (See Anothee Ceimb— Cbime.) Division of, into specific crimes, as to the indictment, full, i, 415-420. one, set out differently in different counts, i, 426. CRIMINATE SELF, (See Witness.) when accomplice must, ii, 1172; defendant testifying as witness must, il, 1183; admissions by answers which, as evidence, ii, 1256. witness not to, in libel, ill, 803. CRITICISM, offence given by, i, 100 o (4), note, par. 1. CROSS-EXAMINATION, rebutting testimony drawn out on, ii, 1072; not allowed as to crime not charged, ii, 1122, 1123; limiting the, of de- fendant testifying, ii, 1182; not, of dying declaration, ii, 1213. CROSS-EXAMINE, prisoner's right to, ii, 1204. CROSS-INDICTMENTS, trying together, ii, 1044. CROWD, arrest of one collecting, i, 183 (3). CROWN CASE RESERVED, rehearing by, ii, 1266. CROWN OFFICE. (See Masteb op Ceown Office.) CRUELTY TO ANIMALS, (See Malicious Mischief.) word "beat" in indictment for, i, 356 (2); how indictment for tortur- ing, 11, 629 (2). CRUELTY TO PAUPER, how indictment for, iii, 828 (3). CUMULATIVE SENTENCES, how of, ii, 1327 (2) and note. CURRENT, whether allege counterfeit coin as, in indictment for passing, iii, • 259 (7). CURTESY INITIATE, tenant by, a freeholder, ii, 921 (2). CUSTODY, (See Pbisonee.) Escape of prisoners from, full, ii, 1382-1386. proper demeanor toward one in, ii, 731. CUSTOM, character is in the nature of, ii, 1117. CUTTING OFF BAR, how indictment for, iii, 858. DAMAGE, (See Costs — "To the Damage.") to the, of party, needless in averment, ii, 647 (1); costs as parcel of,. ii, 1321. word, in assault and battery, iii, 57 (2). concluding to, in nuisance, Hi, 862 (1, 2). 1930 INDEX. DBA DATE, DATES, how written, in indictment, i, 346; variance by needless allegation of wrong, ii, 486 (2); whether allege the, in indictment on recent statute, ii, 622; altering, by amendment in indictment, il, 711 (3); mistakes of witnesses as to, ii, 1064. of libel, need not be alleged — when alleged, proved, iii, 802. DATE OF INSTRUMENT, setting out, in forgery, iii, 409 (1). DAY, (See Date — Time.) whether search-warrant limit time to, i, 243 (3). alleging burglary in the, Iii, 133 o. DAY OF OFFENCE, how set out, i, 389; allegation of, proof of another, i, 397 (1). DAY OF PUBLICATION, proof of, in libel, iii, 802. DAY SUBSEQUENT to indictment, offence laid on, i, 403 (2). DAY FOR TRIAL, court fixing, ii, 950 6 (4). DAY OF WEEK, of offence, when and how allege, 1, 399 (3). DAY AND YEAR, Of offence, whether and how allege, full, i, 387-391. DAYS MORE THAN ONE, Alleging offence on, full, i, 392-398, 402. repetitions of, i, 407, 408. DE FACTO, judge, i, 314 (1), 316 (3); prosecuting officer, indorsing in- dictment, ii, 704 (2, 3). DE JURE, judge, i, 314 (1), 316 (3). DE MEDIETATE LINGUAE, the jury, Ii, 927-930. DE NOCUMENTO AMOVENDO, writ of, how, iii, 871 (1). DEAD, no trial after defendant is, ii, 950 c. DEAD BODY, importance of discovering the, in homicide, ii, 1056 (3). procedure for offences against, iii, 1009-1012. DEADLY WEAPON, charging assault with, iii, 64 (2), 80 (2). what constitutes, iii, 65 (3) note. that death from, is murder, iii, 601; in what degree, iii, 602. DEAF AND DUMB, girl testifying in rape, iii, 961 (3). DEAF MUTE, competent witness, ii, 1143. DEAFNESS, disqualifying juror, ii, 925 (2). DEATH, (See Bastaed — Homicide.) place of, whether determines county for trial, i, 50 (5)-52; affinity ceases with, i, 314 (2), ii, 901 (3); from negligence of common car- rier, the allegation, ii, 542; of indorser of indictment, ii, 693 (4); no trial of person after, ii, 950 c; in homicide, specially proved, 11, 1056 (3, 4), 1057; concerning sentence to, ii, 1293, 1299, 1311, 1322- 1324, 1336. 1931 DEF CRIMINAL. PROCEDURE. DEATH — continued. as caused by wound in homicide, ill, 527-529. proof of causes of, by experts, iii, 631. DEATH WARRANT, procedure as to, ii, 1336. DEBT, (See Pine.) ■whether fine is a, il, 1304. DECEASED PERSON, how charge assault on, iii, 62. how lay ownership of goods of, in larceny, iii, 725 (1). DECEASED WITNESSES, Supplying testimony of, full, ii, 1194-1206. "DECEIVE AND DEFRAUD," inadequate in indictment for conspiracy, iii, 212. DECISIONS, correcting the, in embezzlement, iii, 330 (3). DECLARANT, competency of, in dying declaration, ii, 1209 (1, 2). DECLARATIONS, (See Admission — Confession — Dying Declaeations.) by prisoner, should be opened to jury, ii, 969 (3) ; of the res gestae, il, 1086; in presence of husband and wife, evidence, ii, 1155. contradictory, in perjury, iii, 931. of complaining woman, in rape, iii, 961-963. of persons engaged in riot, iii, 1000 (1). of injured person in sodomy, iii, 1018. DECLARATIONS OF PERSON ROBBED, as evidence in robbery, iii, 1007 o (1). DECLARATIONS OF PIARTY, are not hearsay, ii, 1081 (2). DECLARATIONS OF PURPOSE, proof of, in aggravated assault, iii, 67 (2). DECLARATIONS OF SECONDS, evidence by, in challenge to duel, iii, 308 (1). DECLARATIONS IN TRAVAIL, not admissible in rape, iii, 971 (2). DECLINATORY PLEAS, (See PtEA.) the, ii, 737. DECLINE TRIAL, when judge may, ii, 1282 (2). DECLINING TO TESTIFY, (See Witness.) for self, effect of defendant's, ii, 1186. DEED, (See Foegeey.) how charge, in forgery, iii, 418 a (3). DEED OF LAND, how set out, in forgery, iii, 441 (3). DEER, charge of taking, not sustained by proof of deer-skin, iii, 395 (1). DEFACING BURYING GROUND, indictment for, iii, 1011. 1932 INDEX. DBF DEFAMING OFFICER, (See Slander.) how indictment for, ii, 530. DEFA.ULT, as to judgment on, i, 267, 950 o (3). DEFECT ON FACE, (See Face of iNDiCTMteNT.) of indictment, whether move to quash for, li, 763. DEFECTIVE COUNT, whether quash one, ii, 764. DEFECTIVE VERDICT, doctrine as to, ii, 1004, 1005, 1011, 1014, 1016. DEFECTIVELY CONSTITUTED, how take advantage of grand jury being, li, 763 (3). DEFECTS, In indictment cured 'by acquiescence and amendment, full, li, 704 a- 711. DEFENCE, (See Dilatoby Defence.) Moving to quash as a step in the, and for what causes, full, li, 761-774. counsel's right of, 1, 94; how aver matter of, 1, 326, 513 (1); indict- ment on statute not negative matter in, ii, 638; pleading different defences together, ii, 749-755; anticipating, in opening to jury, ii, 971 (1). DEFENCE OR PROSECUTION, juror's connection with, whether dis- qualifies, ii, 919 (1). DEFEND, Indictment to give information how to, full, ii, 517-531. DEFEND SELF, (See Testifying foe Themselves.) defendant may, ii, 962 (1, 2), 967. DEFENDANT, DEFENDANTS, (See Counsel— Joint — Several.) Joinder of, in indictment, full, i, 462 a, ii, 476. How name the, in indictment, full, ii, 676-689 6. Peremptory challenges tty, full, ii, 941-945. Trial where more than one, full, ii, 1017-1041; namely, severance and separate trials, 1018-1026; the joint trial, 1027-1040; lohere charge is several, 1041. judgment for, on demurrer, ii, 781 (2); against, ii, 782; before grand jury in Connecticut, ii, 861 (5); not admitted to grand jury room, 11, 861 (6); right of the, to challenge jurors, ii, 933 (1), conducting own cause and having counsel, ii, 962; statement of, ii, 962 (4) ; opening of, to jury, ii, 972, 973; evidence of accomplice for, ii, 1171; not witness for self under common law, ii,- 1139; under statutes, ii, 11181-1187; dying declarations of one of several, ii, 1215; costs from, ii, 1317; ordinary plaintiff in writ of error, il, 1363 (1); nolle prosequi as to part of the, ii, 1393. joinder of, in perjury, ill, 936. DEFENDANT'S CHARACTER, (See Character.) What presumption from the, full, 11, 1112-1119. proof of, in assault and battery. 111, 68 (2). DEFENDANT'S FAVOR, errors in, on writ of error, ii, 1374. 1933 DEL CRIMINAL PROCEDURE. DEPENDANT'S POSSESSION, how aver forged Instrument In, iil, 404. DEFENDANT TJNKNOWN, statutes as to, and how proceed, ii, 678. DEFENDANT'S WITNESSES, committing magistrate to hear, i, 233 (1). DEFENDING SELF, prisoner's privilege while, ii, 953, 954. DEFILEMENT OF FEMALE, conspiracy for the, iii, 244. DEFINITE, sentence to fine must be, ii, 1309. DEFRAUD, "knowingly," in indictment for attempt to, ii, 504! DEFRAUD INSURERS, indictment for arson to, iii, 45 a, 48 6, 50 (3). DEFRAUD PERSON, allegation and proof of intent to, in arson, iii, 50 (2). DEFRAUD PUBLIC, conspiracy to, iii, 243. DEFRAUDED, Allegation of person to be, in forgery, full, iii, 420-425 6. DEFRAUDING GAS COMPANY, how indictment for, ii, 627 (2). DEGREE OF CRIME, how, in judge's charge to jury, ii, 980 (2); verdict specifying the, ii, 1010 (3). DEGREES, indictment where burglary is divided into, i, 83; joining different, of offence, i, 452 (5); joint defendants may be convicted, in different, ii, 472 (2), 1037; how the jury is to be charged as to,. ii, 980 (2). indictment for arson in, iii, 48 a. DEGREES OF ASSA.ULT, Charging different, full, iii, 63-64. DEGREES IN MURDER, (See Homicide.) How indictment under statutes creating^ full, i, 102, iil, 561-589. the verdict, iii, 590-596. DELAY OF COURT, record to prevent injury from, ii, 1343. ~> DELAY IN PROSECUTION, (See Peosboution.) bail on account of, i, 258. DELAYS, (See Continuance.) In trial of cause, effect of, full, ii, 951d-951/. essential, in real justice, 1, 23 (3). "DELIBERATELY PREMEDITATED," In indictment for murder of first degree, full, Iii, 561-589. "DELIBERATELY AND WILFULLY," in indictment on statute for perjury, Iii, 926 (1). DELIBERATING JURY, how communicate with court, ii, 998 o (1), 1000. DELIBERATING ON VERDICT, how jury conduct while, il, 998 a. DELIBERATIONS, Of jury, now conducted, full, il, 990-1000. DELIRIUM TREMENS, presumptions as to, ill, 674 (3). 1934 INDEX. DES DELIVERED OPINION, as disqualifying juror, ii, 908-910; juror as witness to having, ii, 934 (2). DELIVERY, whether allege, in false-pretence indictment, iii, 175. proof of, in embezzlement, iii, 327 (8). DELUSIVE ARGUMENTS, judge to protect jury from, ii, 981 (2). DEMAND, (See Abeest.) to open, before breaking door, i, 201. DEMORALIZING SHOW, how allege, in indictment, iii, 865 (3). DEMUR, when, ii, 730 (1); right to, ii, 1282 (2). DEMURRER, (See Pleading Ovee.) The, full, ii, 775-786; namely, general, 776-780; the judgment, 781-766. for incongruous joinders, i, 424; for duplicity, i, 442 (3) ; after, over- ruled, arraignment, ii, 730 a (1); in general of, ii, 741; whether add plea to, ii, 749; oral, ii, 790; to plea of former conviction or acquittal, ii, 810 (3), 817 (1); motion in arrest compared with, ii, 1286; right of, not bars writ of error, ii, 1370. DENIAL OF GUILT, former, by accomplice, ii, 1167. DEODAND, what, and forfeiture of, iii, 505. DEPENDENT, whether may be juror, ii, 902 (2). DEPOSITIONS, In place of absent witness, full, ii, 1194-1206. on question of bail, i, 257; jury taking with them, on retiring to deliberate, il, 982 a. DEPUTATION, (See Private Person.) when must be in writing, i, 189 (1). DEPUTY, (See Sheriff.) whether prosecuting officer appoint, i, 281. DESCRIPTION, of persons, places, &c., in allegation, ii, 566 (2). of the stolen goods, in larceny, iii, 699-712, 729 (1), 731-735. DESCRIPTION OF HOUSE, in bawdy-house indictment, iii, 111. DESCRIPTION OF OFFENCE, in bail, i, 264 & (4). DESCRIPTION OF WAY, in indictment far non-repair, iii, 1045; for obstructing, iii, 1051. DESCRIPTIVE MATTER, prove as laid, ii, 486, 488 (2), 488 a. DESCRIPTIVELY, averring thing, ii, 573 (2). DESERTION of married party, not takes away incapacity to be witness, ii, 1154. DESTROY, in indictment for mayhem, iii, 857 (4). DESTROYED OR LOST, (See Lost.) written testimony, ii, 1199 (4). how aver forgery that is, iii, 404. 1935 DIS CRIMINAL PROCEDURE. DESTRUCTION, of obscene libel, iil, 794 a (3). DETAIL, How far indictment descend into, full, ii, 526-531. bow in the indictment for malfeasance in office, ill, 826. DETAINER, (See Poeciblk Entry and Detaineb.) whether prove, in forcible entry, iii, 373 (2). "DEVIL." (See "Instigated bt.") DIFFERENT DAYS, transaction on, electing day, i, 459 (2, 3). DIFFERENT GRADES of crime, separate counts for, 1, 423 (4). DIFFERENT MEANS, joining, in alleging offence committed by, 1, 453 (2). DIFFERENT METHODS, (See Methods.) of crime, separate counts for, i, 423 (3). DIFFERENT MODES OF TRIAL, joinder of offences requiring, i, 453 (1). DIFFERENT NATURES, joinder of offences of, i, 453 (1). DIFFERENT PUNISHMENTS, joinder of offences requiring, i, 453 (1). DIFFERENT WAYS, how allege crimes committed in, i, 420, 438, il, 586-588. DIFFERING FORMS, (See Name.) of same name, ii, 689. DIFFERING UTTERANCES, effect of, in confession, ii, 1240. DILATORY DEFENCE, (See Defence.) waived by omission to plead, i, 123 (1). DILATORY PLEA OR PLEAS, (See Plea.) resorting to, i, 38 (2); how framed, i, 327, 328; at arraignment, ii, 730, 730 a; what certainty in, ii, 745 (2); when, ii, 746; in writing, or not, ii, 789 (1). DIMINUTION OF RECORD, certiorari In cases of, ii, 1379. DIRECT, (See Precision.) To what the rule requiring allegation to 6e, applies, full, ii, 554-558. allegation must he, Ii, 508, 520 (2). DIRECT EVIDENCE, of corpus delicti, ii, 1056 (4) ; distinguished from presumption, ii, 1096. DIRECT PROOF, (See Expert— Opinion.) is in fact presumption, ii, 1073 (2), 1074; scientifically viewed, is ex- pert opinion, ii, 1177 (1). DIRECTORY STATUTE, non-compliance with, as to grand jurors, ii, 875 (3). "DISABLE," in indictment for mayhem, iii, 857 (3). DISAGREEMENT OP JURY, nolle prosequi upon, ii, 1394. DISCHARGE, Of juror, after sworn, full, 11, 946-949 6. of person whom one has arrested, i, 214 (2), 215; how of grand jury, ii, 868 (2); of defendant, on grand jury's not finding bill, 11, 870 o; of prisoner for delay in trial, ii, 951 /. 1936 INDEX. MS DISCHARGE DEFENDANT, after former jeopardy, ii, 820, 830. DISCHARGE OP JURY, (See Jubt.) for non-agreement, prisoner's presence at, i, 272 (2); operating as ac- quittal, ii, 821 (1). DISCHARGING, Bail, full, i, 264/-264«. DISCLOSE . NAME, ( See Name,) refusing to, ii, 676 (3). DISCONTINUANCE, when, equivalent to nolle prosequi, ii, 1391 (2), note; ■whether nolle prosequi is a, ii, 1395. DISCONTINUE CAUSE, prosecuting officer may, i, 287 (3). DISCREDIT, how, defendant testifying for self, ii, 1185. DISCRETION, (See Judicial.) of judge, how guided by law in judicial procedure, i, 6 (2),. 7 (2), 10; reviewing, as to change of venue, i, 72; facts addressed to the, not in indictment, i, 85; in bail, i, 256 (2); prosecuting officer's, as to whether prosecute, &o., i, 287 (3)-290; of court, as to limiting counsel, 1, 313 (2). DISCRETION OF COURT, view at the, ii, 965 (3). DISCRETION OF OFFICER, in making arrest, 1, 193 (2). DISCRETION AND RULE, (See Peocedube.) in procedure, i, 6 (2), 10. DISCRETIONARY, assistance, &c., to prosecuting officer, i, 282. DISCRETIONARY PUNISHMENT, facts for, not in indictment, i, 85. DISGRACE JUROR, need not state what will, ii, 934 (2). DISJUNCTIVE AVERMENTS, Inadequate in conspiracy, iii, 224. In forgery, iii, 438-440; poisoning, iii, 647. DISJUNCTIVE AND CONJUNCTIVE ALLEGATIONS, (See "Oe.") In indictment, full, ii, 585-592. DISOBEYING MAGISTRATE'S ORDER, how indictment for, ii, 513 (3), 529 (5), 554 (3). "DISORDERLY," in indictment for keeping bawdy-house, iii, 106 (1). DISORDERLY CONDUCT, prisoner's, at trial; i, 272 (3). DISORDERLY HOUSE, (See Bawdt-house.) Procedure for keeping, full, iii, 272-283; namely, indictment, 273-277; evidence, 278-282; verdict, 283. indicting keepers, separaliter, ii, 474 (1). DISPLEASURE OP GOD, to the, needless in averment, ii, 647 (1). DISPOSAL, Of person arrested, how, full, i, 213-217. Of goods, full, i, 210-212, 218. "DISPOSE OF," in indictment for statutory uttering, ill, 453. DISPOSITION OF CASE, agreements as to, ii, 1254 o (5). 3 C. P. 122 1937 DIV CRIMINAL, PROCEDURE. DISQUALIFICATION, juror stating own, ii, 934 (2). DISQUALIFIES WITNESS, What, full, ii, 1137-1146. "DISSEISED," allegation of, in forcible entry, lii, 387 (2), note. DISSENT, juror, at verdict, il, 1003 (2). DISSENTERS, disturbing meeting of, in England, iii, 289 (1). DISSUADING WITNESS, (See TampeeinS with Witness.) DISTINCT FELONIES, proof of intent to commit, in burglary, as to duplicity, iii, 150. DISTINCT TRANSACTIONS, joining felonies in, i, 450, 451; misdemean- ors, i, 452 (5). DISTRESS INFINITE, to compel appearance of corporation, ii, 950 a (3). DISTRICT, (See Countt.) Of the prosecution, full, i, 45-67. in what, indict crime against United States, i, 64-67; removal of case from one, to another, i, 223 & (1) ; prosecuting officer no jurisdic- tion beyond own, i, 287 (2). DISTRICT ATTORNEY, (See Peosecuting Officee.) DISTRICT OF COLUMBIA, jury trial in, ii, 891 (ij. "DISTURB," in indictment for disturbing meeting, iii, 285 (3). DISTURBANCE, as evidence against bawdy-house, iii, 116. how allege the, in disturbing meetings, iii, 285 (2, 3). DISTURBER OF PEACE, how indictment against, ii, 530 (2). DISTURBING MEETING, Procedure in, full, iii, 284-301; namely, in general and at common law, 285-288; statutory disturtances, 289-301. allege only county in indictment for, i, 374; duplicity in indictment for, i, 441 (2) ; ill indictment for, ii, 484 (1). DISTURBING PEACE, (See Beeach of Peace.) how allege, by cursing and swearing, ii, 557 (2). DISTURBING PEACE OF FAMILY, indictment for, iii, 65 (1), note. "DIVERS," "ALL," persons, in conclusion for nuisance, iii, 862 (3). "DIVERS DAYS AND TIMES," allegation of, i, 388 (2), 395. "DIVERS LIEGE SUBJECTS," words, in indictment for cheat, iii, 159. "DIVERS PERSONS," alleging, as frequenters In bawdy-house indictment, iii, 107 (2). "DIVERS QUANTITIES," too indefinite in indictment for cheat, ill, 159 (1). 1938 INDEX. DRU DIVISION OF COUNTY, (See Countt— Place.) effect of, on place of prosecution, i, 49 (2); on allegation; i, 49 (2), note. DIVORCE ends affinity, ii, 901 (5). kidnapping child in custody under, iii, 695 (1). DO OR CAUSE, in indictment for administering poison, iii, 647. DOCK, prisoner's occupation of, during trial, ii, 952 a-954. DOCKET, under control of court, ii, 1342 (1). DOCKET ENTRIES, what, and distinguished from record, ii, 1341 (3), 1342 (1); record made from, ii, 1341 (3), 1342, 1344. DOCTRINE, limited by adverse doctrine, i, 120 (1). DOCUMENTARY EVIDENCE, Concerning, full, ii, 1132-1134. DOCUMENTARY PROOFS, not unconstitutional, ii, 1134. DOING AND CAUSING, not duplicity, i, 434 (3). DOING OR CAUSING, how allegation of, ii, 585 (3). "DOLLARS," in designation of counterfeit coin, iii, 259 (5). DOMESTICS, of embassadors, exempt from arrest, i, 207 o (2). DONE RIGHTLY, presumption that thing was, ii, 1356. DOORS, Breaking, in arrest, full, i, 194-205. in serving search-warrant, i, 208 (1). DOORS BROKEN, proof of, in disorderly house, iii, 280 (2). DOUBLE PLEAS, (See Duplicity.) And Jiow tried, full, ii, 748-752. DOUBT, (See Reasonable Dottot.) DOUBT OF TRUTH of confession, excludes, ii, 1224. DOUBTFUL CASE, not quash in a, ii, 768 (2). DRANK, (See Food.) at one's expense, disqualifies as juror, ii, 902 (2), 904. DRAWINGS, exhibiting, to jury, ii, 965 (4), 982 o, 999 (3). "DRIVE AWAY," in larceny Indictment, iii, 698 (1). DRUM, taking, to prevent nuisance, 1, 212. DRUNK, grand juror getting, ii, 869 (2) ; no trial while defendant is, 11, 950 c; juror getting, ii, 999 (2); confession by one, ii, 1229 (1). DRUNlf ARD, Indictment for selling liquor to, how, i, 438 (2) ; whether competent witness, 11, 1142. DRUNKENNESS, (See JLiIQUOB-sellinq.) ' not seize goods in arrests for, i, 210 (1) ; as breach of sureties of peace, i, 264 n; whether indictment against two for, 11, 470 (4) ; disquali- fying juror, ii, 925 (1). defendant's, in homicide, iii, 634. 1939 DWE CRIMINAL PROCEDURE. DUB. whether charge fee as, in extortion, iii, 358 (3), 359. "DUE PROCESS OF LAW," Constitutional provision securing, full, i, 100 o (2-4) and note. information is, meaning of phrase, i, 145 (2); whether , provision for, gives jury trial, ii, 891 (2), 892 (1). DUBLLIIJG, (See Homicide.) Procedure for, full, iii, 302-311. where indict, i, 61 (1). DUPLICITY, (See Double Pleas.) In indictment, full, i, 432-443. How take advantage of, full, i, 442, 443. what is not, i, 444 (2); ill allegation does not create, ii, 480 (5); good, does, ii, 480 (6); in indictment on alternative clauses of statute, ii, 587 (2) ; cured by nolle prosequi, ii, 1396. not, to join assault and battery, iii, 55 (3). not, in laying assaults with aggravation, iii, 63 (3). not, to charge attempt to commit more offences than one, iii, 93. in indictment for keeping disorderly and bawdy house, iii, 106 (2). what is not, in burglary, iii, 143. what is not, in conspiracy, iii, 226. not, to charge both forcible entry and detainer in one count, iii, 388 (1). having possession of forged instruments, iii, 483; keeping gaming house, iii, 493; kidnapping, iii, 692 (2); violating Lord's day, iii, 815. (2). in indictment for nuisance, iii, 867 (1). DUPLICITY OF MEANS, in disturbing meeting, iii, 295. DURESS, (See Fear.) confession extorted by, Ii, 1237 (1). DURING TRIAL, (See Trial.) To verdict, the jury, full, ii, 990-1000. presence of prisoner, i, 271-274. DUTY, DUTIES, (See Neglect— Omission of.) Of prosecuting officer, full, i, 287-294. how charge breach of, ii, 591 (1); official persons presumed to have done their, ii, 1131. in indictment for murder by starving, iii, 558. DUTY OF COUNSEL, For defendant, full, i, 309-313. DUTY TO REPAIR, averring, in indictment for non-repair of way, ill, 1044. DWELLINGr-HOUSB, (See Btjeolart — House.) Breaking doors of, to arrest or search, full, i, 194-209. meaning, i, 194; in search-warrant, i, 209 (1); indispensable term in 1940 INDEX. ELE' DWELLING UOVSE— continued. allegation of burglary, il, 573 (3). as name of the structure in arson, 111, 34. indictment for attempt to steal in, iii, 87 et seq. in indictment for burglary, iii, 135 (2). forcible entry into, iii, 380 (1). indictment for breaking into and stealing from, iii, 778. allegation for pulling down, by riot, iii, 999 (2). DYING DECLARATIONS, As evidence, full, ii, 1207-1216. as evidence in homicide, iii, 624. EACH OTHER, assault by two on, iii, 61. EARLIER RECORD, compared with final, ii, 1359. EATEN, at expense of party, disqualifies juror, ii, 902 (2), 904. EAVESDROPPING, Procedure for offence of, full, iii, 312, 313. "EFFECT FOLLOWING," meaning of the words, ii, 560. EFFECT AND PXIRPORT, averring words by the, ii, 560. EFFECT OF QUASHING, not to let prisoner go free, ii, 764 (4). EFFIGY, indictment for hanging man in, iii, 795. EGGS, how indictment for larceny of, iii, 707 (1). ELECT, who, the order of trial, ii, 1045. ELECTION, As to steps in a criminal cause, full, i, 28-44. Compelling, on wJiat count or evidence to proceed, full, 1, 454-462; namely, as to counts, 455-458; as to transaction, 459-460; time to> elect, 461, 462. of steps by defendant, i, 38; official character presumed after public; i, 191 (2); as to the form of the allegation, i, 332-335; compelling, of counts, ii, 425 (1); of offences in indictment, for duplicity, i, 442 (4); compelling, to cure misjoinder, i, 453 (1); as to witnesses and their order, ii, 966 a (2)-966c; notice of, to be proved, ii, 1131. indictment for riot in disturbing, iii, 999 (3). ELECTION BET, (See Bet.) allegation of, as to time, I, 404 (2), note. ELECTION OF COUNTIES, (See CotTNrr.) ' in which to prosecute, 1, 59 (1). ELECTION OF COUNTS, in embezzlement, iii, 325 (2). ELECTION FRAUDS, "qualified voter," in statute, not adequate in indict- ment, ii, 627 (1). ELECTION OF METHODS for alleging facts, i, 333 (1). 1941 ENM CRIMINAL PROCEDURE. ELECTION OF STEPS to show former jeopardy, ii, 819. ELECTRICITY, execution by, ii, 1339, note. ELEMENTS. Of the indictment, full, ii, 506-516 o. ELEMENTS OF OFFENCE, indictment to contain all the, i, 98 o, 100. ELUDE JUSTICE, (See Escape.) attempt to, as evidence, ii, 1250. EMBASSADOR, exempt from arrest, i, 207 o (2). "EMBEZZLE," in charging embezzlement, iii, 322, 323. EMBEZZLEMENT, (See Ovebdrawinq Account.) Procedure for, full, iii, 314-343; namely, in general, 315-330; particular cases, 331-343. where indict, I, 61 (2); how charge time in, i, 397 (4); joining counts for, and for larceny, i, 423 (1), 449 (3) ; defective allegation of, surplusage, ii, 480 (5) ; surplusage in indictment for, vitiating, ii, 482 (2); of the allegation for, ii, 583 (2); bill of particulars in, ii, 645 (1) ; form of verdict for, on indictment for larceny and, ii, 1010 (3). indictment for soliciting to, iii, 74 (3). EMBEZZLEMENT AND FALSE PRETENCES, whether join, i, 449 (4). EMBEZZLEMENT AND LARCENY, whether join, I, 449 (3). EMBRACERY, Procedure for, full, iii, 344-347. ENACTING CLAUSE, (See Exception.) of statute, what, ii, 633-635, 639; negativing exceptions in, ii, 636; meaning of term, ii, 634, 637 (3), note. ENDEAVORING TO SEDUCE, form of the indictment for, soldiers, iii, 76 (1). ENDS, when sentence, ii, 1310 (3, 4). ENEMY, cannot be juror, ii, 902 (3). ENFORCEMENT OF COSTS, ii, 1321. ENGLISH AUTHORITIES, in embezzlement, how viewed, iii, 330 (1). ENGLISH LANGUAGE, (See Unqrammatical.) Indictment, record, &c., to be in, full, i, 340-359. all pleadings to be in the, i, 341 (3), 342, 343; what is English, i, 344-347; when ignorance of, disqualifies juror, ii, 925 (5). ENGLISH PRACTICE, in embezzlement, iii, 331-343. ENGROSSING, Procedure for, full, iii, 348-350. ENJOINING CRIME, doctrine as to, ii, 1415-1417. ENMITY of defendant, in evidence, Ii, 1109. 1942 INDEX. ESC ENTERING, allegation and proof of, in burglary, iii, 140, 141. ENTICING, indictments for attempts by, iii, 74-76. ENTICING SLAVE, in what county prosecute, i, 53 (4), note. ENTIRE ACCUSATION, testimony of defendant for himself must cover, ii, 1184. ENTIRE CASE, must prove, against defendant, li, 1059. ENTIRE CRIME, indictment must charge, I, SO, 81, 84, 98 a. ENTIRE RECORD, (See Record.) writ of error brings review, ii, 1372. ENTIRE TRANSACTION, (See Teansaction.) ENTIRE TRIAL, when prisoner must be present during, i, 273. ENTRIES OF CLERK, distinguished from record, ii, 1341 (3). EPILEPSY, in proof of insanity, iii, 674 (3), note. EQUITY, not the rule for decision in criminal cases, iii, 138 (3), 726 (1). EQUITY JURISDICTION, In criminal affairs, full, 1412-1417. EQUIVOCAL CHARGE, insufficient, i, 325 (4). EQUIVOCAL EXPRESSIONS, not good in allegation, ii, 510. ERASURES in indictment, i, 338. ERECT AND CONTINUE, in indictment for nuisance, Iii, 867 (2). ERRONEOUS INSTRUCTIONS, whether new trial for, which proved harm- less, ii, 1276. ERRONEOUS JUDGMENT, habeas corpus will not free one from, ii, 1410 (2). ERROR, ERRORS, (See Bltji^dbr— Mistake.) Availing of, in grand jury's organization and doings, full, li, 871-889; namely, general doctrine, 872-874; by challenge, 875-881; by motion to quash, 882; by plea in abatement, 883-885; by raising question at trial, 886; after verdict, 887-889. The writ of, full, il, 1361-1374. Presumes injury, ii, 1276 (2). ERROR OP JUDGE, he may correct, ii, 980 a. ERROR IN PROCEEDINGS, guilt immaterial as to, i, 92; guilty man may avail of, i, 93. ERRORS OP DECISION, in embezzlement, correcting, iii, 330 (3). ERRORS OF PACT, whether writ of error reaches, ii, 1369. ERRORS IN RECORD, whether writ of error reaches only, ii, 1368, 1369. ESCAPE, (See Prison Breach — Rearrest — Rescue.) from unlawful arrest, i, 162 (2); taking life to prevent, 1, 161, 163; power of private person to arrest, i, 166 (2), note; Tearrest after, .1943 EVI CRIMINAL PROCEDURE. ESCAPE — continued. i, 163 (2), ii, 1382; right to arrest on, by verbal order, 1, 178; break- ing doors to arrest after, i, 203; danger of, effect on bail, i, 255 (1) ; effect of, on subsequent proceedings, 1, 269 (3); how Indictment for, 11, 529 (1) ; precautions against, during trial, 1, 952 0-955; defend- ant's, as evidence, ii, 1250; fine not discharged by, ii, 1305; how execute sentence after, ii, 1310 (5); how count period of liberty, n, 1310 (6). ESCAPE, PRISON BREACH, AND RESCUE, Procedure for, full, ill, 940-946; namely, escapes suffered 'by officer, 941, 942; prison treacUes and escapes ty prisoner, 943, 944; rescues and helps to escape from third persons, 945, 946. ESCAPED PRISONERS, Or otherwise unlawfully at large, full, ii, 1382-1386. whether case proceed in absence of, i, 269 (3). ESSENTIAL IN DESCRIPTION, in allegaUon of place, i, 373 (3) ; statu- tory words which are, how indictment, 11, 618. ESSENTIAL TO VERDICT, judge's charge to jury, ii, 976 (3). ESTATE, How lay and prove_ the, of dispossessed person in forcible entry, full, iii, 383-386. ownership not to be laid in an, iii, 139. ESTATE AND POSSESSION, alleging, in forcible entry and detainer, 111, 373 (1). ESTOPPEL, what certainty in pleading an, 1, 324. ESTRAY, how indictment for non-feasance as to, iii, 828 (2), 835. ESTREATING, bail, how of, i, 264 e. EVERY ESSENTIAL FACT, (See Pact.) to be proved in circumstantial evidence, ii, 1076 (2). EVERY RIGHT, (See Right.) Accused may avail of, full, i, 113-116. EVIDENCE, (See Ciecumstantiai, — Incompetent — Testtmont.) To cover entire charge, full, i, 127-129. Of time of offence, full, 1, 400-402. Specially against -joint defendants, full, 11, 1033, 1034. The, full, in twelve chapters, ii, 1045 0-1262 ; namely, general rules, 1045O-1090; weight of, and reasonable doubt, 1091-1095; presump- tions as, 1096-1101; some special presumptions, 1102-1131; dommen- tary, 1132-1134; the classes of witnesses and their testimony, 1135- 1187; excluding witnesses in waiting, 1188-1193 o; witnesses deceased or otherwise absent, 1194-1206; dying declarations, 1207-1216; extra- judicial confessions, 1216 a-1246 ; conduct and extrajudicial admis- sions, 1247-1254; judicial confessions and admissions, 1254 0-1262. (And for the evidence in each offence, see under title of the offence in Vol. II.) 1944 INDEX. EXC EVIDENCE— cojifmMed. The, against participants in crime, full, iil, 12-15. meaning, i, 2 (3), 3; not, but fact, fixes county for trial, i, 51; things taken from prisoner as, i, 211 (1) ; obtained by search-warrant, i, 246; as to place of offence, i, 384; indictment need not aver, il, 516 (1); how show Indictment was found without, ii, 763 (3); of par- don, ii, 847 (4); prosecuting officer to use care relating to the, ii, 863 (1) ; knowledge of grand jurors as, il, 864 (1) ; grand jury to procure what, ii, 867 (2); what, for grand jury, ii, 865, 872 (5); having heard the, not disqualifies juror, Ii, 913 (1) ; order of the, ii, 966-966 c, 978; sufficiency of the, determined by court, ii, 978; judge's charge to recapitulate the, ii, 979 (1) ; jury determine what is the, ii, 979 (3); and what it proves, ii, 979 (4), 989 a; whether judge may give his opinion on, ii, 981; juror not take minutes of, ii, 994 (2); separate trials to admit important, ii, 1019 (3); insuf- ficient, a ground for new trial, ii, 1278; newly discovered, new trial for, il, 1279; new trial where one prevented from producing, ii, 1280; whether control record by, ii, 1346; when, appear in record, ii, 1347; no habeas corpus for sentence contrary to, ii, 1410 (5). on preliminary inquiry as to insanity, fiexible, iii, 668 (1). EVIDENCE TO COMMIT, (See Committing — Magistrate.)' how much, and what, i, 223. EVIDENCE BEFORE GRAND JURY, what, ii, 1203. EVIDENCE AND LAW,' (See Fact— Law.) scruples against finding verdict in accord with, disqualify juror, ii, 918 (2). how differently treated in judge's charge, ii, 978 (3, 4), 979. EVIDENCE AT TRIAL, not restricted to that before magistrate, ii, 1202 (2). EVIL EXAMPLE, to the, needless in averment, ii, 647 (1). whether in indictment for exposure of person, iii, 353 (2). EVIL INTENT, (See Intent.) special verdict must state the, ii, 1006 (4). proof of, in false pretences, iii, 190. EX POST FACTO, (See Constitutional Law — Statute.) when statute changing place of trial is not, i, 76 (2); statutes chang- ing rules of evidence as, ii, 1089 (2). EXAMINATION, waiving the, for binding over, i, 234 & (3). EXAMINING MAGISTRATE, (See Akbest— Binding Ovek.) Proceedings 'before the. full, i, 224 c-239 a. admitting accomplice as State's evidence, ii, 1161 (2); testimony be- fore, when admissible at trial, ii, 1197-1199; confessions and ad- missions before, in evidence, ii, 1258-1262. EXAMPLE, (See Evil Example.) EXCEPTED, persons, out of pardon, 11, 834, 835. 1945 UXP CRIMINAL PROCEDURE. EXCEPTION, EXCEPTIONS, how allegation of time as to, in limitations statute, i, 405; when indictment must negative, il, 513 (5), 513 o, 631-639; of statute, meaning of the term, ii, 635 (1); referred to in enacting clause, not negative, ii, 639 (5, 6) ; what negative, in plea of pardon, 11, 847 (3); as method to rehearing, 11, 1265, 1268 (3); whether, permitted to State, ii, 1272; lay foundation for writ of error, 11, 1368. EXCHANGE, restitution of stolen goods taken in, 111, 758 (2). EXCLUDING improper persons from trials, 11, 959. EXCLUDING FROM COURT, Witnesses in waiting, full, ii, 1188-1193 a. EXCULPATING DECLARATIONS, (See Dkolabations.) of the res gestae, how regard, 11, 1087. EXCUSE, (See Allege Excuse.) EXCUSED FROM SERVICE, grand jurors, ii, 853 (2). EXCUSING JURORS, parties not object to, Ii, 926 (4). EXECUTE LAWS, prosecuting officer's duty to, i, 289. EXECUTED MURDERERS, (See Sentence.) what do with bodies of, ii, 1336. EXECUTION, what, and how serve, i, 5; bail to one under, 1, 254 (1). indictment for not returning, Hi, 832. EXECUTION OF SENTENCE, (See Sentence.) Law and practice of, full, 11, 1335-1339. by what officer, after change of venue, i, 74 (4), by electricity, ii, 1339 note; after escape and rearrest, il, 1384, 1385. EXECUTIVE ORDER, reprieve by, 11, 1299. EXECUTIVE PARDON, (See Paedon.) must be pleaded, ii, 838; and produced in court, 11, 839, 847 (4). EXEMPT FROM ARREST, who, 1, 207 a. EXEMPTIONS FROM SERVICE, (See Excused ebom.) Not disqualify jurors, full, ii, 853 (1), 926. EXERCISE OF OFFICE, what presumed from, ii, 1130 (2). EXHIBIT, EXHIBITS, to jury at trial, 11, 965; jury take, to their room, 11, 982 o; effect of, In jury room, il, 999 (3). In homicide trials, Hi, 633 (2). of thing stolen, in larceny trial, iil, 753. EXHIBITING INFORMATION, before Inferior magistrate, ii, 717. EXHIBITING LIGHTS, at forbidden hour, proof of, 1, 401 (2). EXHIBITION SEEN, averring, in exposure of person, ill, 352. EXHIBITS OF PERSONS, requiring, at trial, ii, 965 (2). EXIGENT, addition required to name in, ii, 673 (1). EXPANDING ALLEGATION, (See Statute.) Beyond statutory words, full, 11, 623-630. for nuisance, beyond statute. 111, 868 (3, 4). 1946 INDEX. EXT ■"EXPELLED," in allegation for forcible entry, iii, 387 (2), note. EXPENSES, (See Costs— Pees.) prosecutor's liability for, ii, 691 (2). EXPERT, EXPERTS, (See Testimont— "Witness.) As witness, full, ii, 1177-1180. And their testimony, in insanity, full, iii, 683-687. order for, to inspect, &c., ii, 959 d (3); court to determine whether one offered is, ii, 989 (3); not shut out, from court-room, ii, 1190 (1); fees of, i, 1318 (2). proof of handwriting by, in forgery, iii, 432 c. who, in homicide, iii, 632. as witnesses in rape, iii, 973. in embezzlement, iii, 327 (7), note. EXPERT TESTIMONY, In homicide, full, iii, 631, 632. EXPERT WITNESS, who, ii, 1179 (1) ; provinces of court and jury as to, ii, 1179 (2, 3); sphere of, ii, 1179 (4). EXPLAINABLE CIRCUMSTANCES, in circumstantial evidence, ii, 1077. EXPLANATORY ALLEGATIONS, of obscure bank paper, iii, 459. EXPOSING INFECTED PERSON, evil intent to be alleged in indictment for, ii, 524, note. EXPOSURE OF PERSON, Procedure for, full, Iii, 351-355. EXPRESSED FEELINGS AND PURPOSES, (See Pbesumption.) The presumptions from,, full, ii, 1108-1111. EXPRESSED OPINION, whether disqualifies grand juror, ii, 852 (3), 881 (2) ; petit juror, ii, 908-915. EXPULSION AND DETAINER, •rtrhen prove, in forcible entry and de- tainer, iii, 373 (2). "EXTORT," in indictment for extortion, iii, 358 (1). EXTORTION, Procedure for, full, iii, 356-364. laying sum in, i, 406 (3); offenders may be indicted jointly, ii, 469. EXTRA THE RECORD, showing facts, on motion to quash, ii, 882 (2). EXTRADITED PERSON, may be tried for what, i, 224 6 (2, 3). EXTRADITION, From abroad and as between States, full, i, 219-224 6. EXTRAJUDICIAL ADMISSIONS, And conduct, as evidence, full, ii, 1247-1254. EXTRAJUDICIAL CONFESSIONS, (See Confession.) what are, ii, 1217 (3). EXTREME CERTAINTY, (See Certainty.) what and when the, i, 327 (2). 1947 FAL . CRIMINAL PROCEDURE. EXTRINSIC FACTS, (See Fact.) showing, on motion to quash, ii, 763. EXTRINSIC MATTER, averring, in forgery, ill, 415 (2). EYESIGHT, imperfections in, disqualifying juror, 11, 925 (6). FACE TO FACE, (See Witness.) right to meet witnesses, ii, 1204; as to dying declaration, 11, 1208. FACE OP INDICTMENT, (See Defect on Face.) arrest of judgment is for defects on, ii, 1285 (1). FACT, FACTS, (See Eveet Essential — Law and — ^Mistake of.) The allegation must state, and how, full, i, 329-335. What, are for the court to find, full, ii, 989-989 6. indictment must charge all in crime, i, 81, 84, 98 a, ii, 508, 509 (1), 519; prosecuting officer not to state a, not in proof, i, 293 (4) ; in- dictment must charge, not law, ii, 514 (1); judge to charge law as modified by the, ii, 978 (4); jury, judge of, 11, 979, 989 a; admitting, in open court, 11, 1245 a (3); errors of, writ of error for, 11, 1369; equity takes cognizance of, the same as do the criminal courts, 11, 1413. alleging the, in riot, ill, 996. false pretence indictment must allege, not promise, ill, 166 (1). FACT AND LAW, Pleaded differently, and how, full, 1, 329-335. mingled, how Indictment, ii, 514 (2-4); distinguished, as to granting new trial, 11, 1275. FACTORS, (See Embezzmmbnt.) procedure against, for embezzlement, ill, 343. FAILURE OF ALIBI, consequence of, ii, 1063. FAILURE TO PROSECUTE, (See Coijtinuance.) As to continuance and discharge, full, ii, S51dr951f. effect of, as to ball, 1, 258. FAIR TRIAL, change of venue to procure, i, 70, 71. FALSE AFFIDAVIT. (See Affidavit.) "FALSE, FORGED, AND COUNTERFEITED," words, in Indictment for forgery, ill, 426 (6). FALSE DICE, (See Gaming.) right to arrest one using, i, 169,- 170 (2), note. FALSE GRAMMAR, (See Ungeammatical.) in Indictment, 1, 354, 355; amendment of indictment for, Ii, 708 (1); not vitiates verdict, ii, 1005 o (1). FALSE IMPRISONMENT, (See Impeisonment.) Procedure for, full, Hi, 365-368. charged In assault and battery, I, 438 (3); by confining convict In un- authorized prison, ii, 1338. kidnapping Is a form of. III, 688. 1948 INDEX. FAT FALSE LATIN, formerly, in Indictment, i, 348. FALSE PRETENCES, Procedure for cheating ly, full, iii, 162-198; namely, indictment, 162- 186; evidence, 187-193; procedure for the attempt, 194-196; questions of practice, 197, 198. place of trial for, 1, 53 (4), 60 a (2); how charge time in, i, 397 (3); charging many pretences in, not duplicity, i, 434 (2); how join participants In, ii, 468 (2); in conspiracy to cheat by, how indict- ment, ii, 516 (2); of the allegation for, ii, 583 (2); indictment specify the, ii, 627 (3); proving another false pretence in, ii, 1127 (2). indictment for attempt to cheat by, ill, 89, note, words, in indictment for, iii, 165. conspiracy to cheat by, iii, 215. FALSE PRETENCES AND EMBEZZLEMENT, whether join, i, 449 (4). FALSE RETURN, how indictment for a, iii, 828 (1). FALSE SWEARING, (See Pebjubt.) as to one particular, effect on another, ii, 1149. FALSE TESTIMONY, How set out the, in perjury, full, iii, 915-917. Averments to show the testimony false, in perjury, full, iii, 918-920. Averment of its materiality, full, iii, 921. FALSE WEIGHTS, how indictment for selling by, iii, 159 (1). FALSEHOOD, defendant's about the case, ii, 1252. "FALSELY," when equivalent for "unlawfully and feloniously," ii, 613 (8). word, in indictment for false pretences, iii, 168. not sufficient negative of false pretence, iii, 168. in indictment for forgery, iii, 401 (1). as, "falsely forge," in forgery, iii, 426 (1). in perjury indictment, iii, 922. "FALSELY CONSPIRED," In indictment for conspiracy, iii, 241 (1). "FALSELY FORGED," In forgery, iii, 426 (6). FALSELY MAKING COIN, indictment for, iii, 249, 250. "FALSUS IN UNO," &c., the maxim, in evidence, ii, 1149. FALSITY OF PRETENCES, ' proof of, in false pretences, iii, 191. FAMILY, (See Separate Families.) FATHER, insanity of, in proof, iii, 675 (2). ' 1949 FEL. CRIMINAL PROCEDURE. FEAR, (See Confession.) confession through, il, 1237 (1); admissions under, as evidence, it, 1256. alleging, in robbery, iii, 1005. "FEAR OF GOD," averment of not having, ii, 501. same in libel, iii, 783 (2). FEAR OR HOPE, ground of excluding confession, ii, 1234 (1), 1236. FEELINGS, (See State of.) PresvMiptions from the expressed, full, ii, 1108-1111. FEE DUE OR NOT, alleging, in extortion, iii, 358 (3)-360, 362 (4). FEES, (See Costs.) of experts and officers, in nature of costs, ii, 1318 (2), 1319. FEIGNED ACCOMPLICE, (See Accomplice.) believing, ii, 1169 (3). FELONIOUS INTENT, charging and proving, in robbery, iii, 1007. "FELONIOUSLY," when, in indictment, ii, 534-537; instead of "pur- posely," &c., in indictment, ii, 613 (3). in indictment for arson, iii, 35, 42 (1), 43 (2). in indictment for burglary, iii, 129 (3), 130 (2). in false-pretence indictment, iii, 181. must be in indictment when in statute, iii, 181. in indictment for passing counterfeit coin, iii, 259 (8). in charge of embezzlement, iii, 323 (2). in forgery, iii, 426 (5). In indictment for murder and manslaughter, iii, 542, 543 (1). in larceny indictment, iii, 698 a. in indictment for statutory larceny, iii, 737. in indictment for mayhem, iii, 852. in perjury indictment, iii, 922. In indictment for rape, iii, 949, 959 (2). in attempt to rape, iii, 977. in robbery, iii, 1003. "FELONIOUSLY PRETEND," not equivalent for "false pretences," iii, 180 (1). FELONY, FELONIES, (See Feloniously.) Joining, in indictment, full, i, 449-451. where prosecute misprision of, i, 55 (2) ; one committing, flying from arrest, i, 159 (3); duty to arrest one committing, i, 165, 166; when private person arrest for, i, 168; officer arresting for, without war- rant, i, 181 (2); breaking doors to arrest for, i, 198, 199; bail in, i, 255-257; waiver of prisoner's presence in trials for, i, 271 (2); presence during entire trial, i, 273; compared with misdemeanor, as to averment, i, 321; electing transaction in, i, 457 (2); joining 1950 INDEX. FIN FELONY, FELiONIES— continued. felonies in one count, under "separaliter," i, 474-476; how differs from misdemeanor as to pleading double, ii, 749, 750; pleading over in, ii, 754; after demurrer, ii, 782; one convicted for, not juror, ii, 924 (1); care of jury in cases of, ii, 995. accessories before and after in, distinguished, iii, 2-4. Indictment for assault and other attempt to commit, iii, 81-83. FELONY COMMITTED, charging, in indictment for burglary, iii, 143. proof of, proves intent to commit it, in burglary, iii, 148. FELONY AND MISDEMEANOR, Joining, in indictment, full, i, 445-448. distinguishable as to electing count or offence, I, 457 (1). FELONY, TREASON, MISDEMEANOR, Difference in, as to course of trial, full, ii, 533-537. FEMALE, in assault to ravish, not say victim was a, iii, &2. FERRY, indicting jointly for unlawful keeping, ii, 469. FICTION OF LAW, when separate counts are a, I, 427, 428. FICTITIOUS NAME, (See Name.) charging one by, ii, 678 (3). how charge forgery of a, iii, 423. FICTITIOUS PERSON, Evidence relating to, iii, 436 (2) note. FIDUCIARY RELATION, averring, in embezzlement, iii, 323 a. FIGHT, (See Challenging to Duex.) evidence of, in attempt to kill, Iii, 662. "FIGHT TOGETHER," in indictment for affray, iii, 17, 20, 21. FIGHTING DUEL, charge of, iii, 303. 