None
ASSAULT, (See Assatot and Battery.) how indictment charge, 1, 82; is breach of peace, i, 183 (5); use of "then and there" in indictment for, i, 411, 413; joining offences in, i, 452 (2); proof of, to avoid variance, ii, 488 c (2); allegation of, on unknown person, ii, 548; under "circumstances," how charge, ii, 617. indictment against participants in aggravated, iii, 6 a. word in indictment for assault and battery, iii, 57 (3). with intent to kill, how, iii, 77-79; other aggravated, Iii, 80-85. allegation of, in indictment for attempt to commit rape, iii, 82. with intent to rob, indictment for, iii, 84, 85. as disturbance of meeting, iii, 297. in fighting duel, iii, 303. whether charge, in false imprisonment, iii, 365 (1), 366. how aver the, in indictment for homicide, iii, 512, 513. when allegation of, surplusage in homicide, iii, 538 (2). how of, in murder, by poison, iii, 554 (1). need not be averred in poisoning, iii, 646 (2). with intent to kill— the procedure, iii, 651-659. averring, in kidnapping, iii, 692 (2). 1902 INDEX. ASS ASSAULT — Continued. in indictment for mayhem, iii, 859 (2). upon an oflacer — the procedure, iii, 881-886. in indictment for rape, iii, 955. conviction for, on indictment for riot, iii, 993, note, 1000 (2). ASSAULT AND BATTERY, (See Assault— Battert.) Procedure for, full, iii, 54-70 o; namely, indictment for simple, 55-62; for aggravated, 63-64; the evidence, 65-70 a. Indictment in homicide without, full, iii, 537-538 o. repetitions of time and place in indictment for, i, 413 (2) ; charging both, not duplicity, i, 433 (2, 3) ; on more persons than one, charged in one count, i, 437 (4) ; by more persons than one, i, 437 (5) ; charging false imprisonment in, i, 438 (3) ; indicting jointly for, ii, 469; ill allegation of intent in, surplusage, il, 480 (3); re- jecting words to make indictment good, ii, 481 (4), note; indict- ment allege name of person injured, ii, 548. conviction of, on indictment for affray, iii, 25, 2^. ■with intent to kill, averring, iii, 80 (2). with intent to kill, procedure for, iii, 651-654. whether conviction for, on indictment for mayhem, iii, 859 (1, 4). ASSAULT TO MURDER, indictment for, iii, 77 (3). ASSAULT TO ROB, indictment for, iii, 84. ASSAULT TO STEAL, indictment for, iii, 89. ASSAULTING OR RESISTING OFFICER, Procedure for, full, iii, 881-895. ASSEMBLAGE, ASSEMBLAGES, how interfere in treasonable, i, 166 (2, 3). alleging purpose of, in riot, iii, 995. ASSEMBLED, allegation of being, in affray, Iii, 22. "ASSEMBLED FOR RELIGIOUS WORSHIP," in disturbing meeting, iii, 298. ASSIGNING COUNSEL, i, 303-305. ASSIGNMENT OF PERJURY, what and how, iii, 918-920; how prove, iii, 934. ASSIGNMENTS OP ERRORS, on writ of error, ii, 1371. ASSISTANCE, furnishing, to prosecuting officer, i, 281-284. ASSISTING OFFICER IN ARREST, Doctrine of, full, i, 185, 186. ASSUMING, (See Officer.) ASSUMING OFFICE WRONGFULLY, (See Oppicee.) when protects bystander assisting, i, 185 (1). indictment for, iii, 898. 1903 ATT CRIMINAL. PROCEDURE. "AT," equivalent to "in," in allegation of place, i, 378 (2). AT LARGE, (See Peisonebs.) Prisoner, full, ii^^ 1382-1386. "AT OR NEAR," in indictment for disturbing meeting, iii, 290 (3). ATTACHED TO FREEHOLD, indictment for larceny of things, iii, 733, 734. ATTACHMENT, whether presence of prisoner at issuing, i, 269 (1). ATTAINDER, constitutional guaranty against, i, 86 (2). ATTEMPT, (See Homicide.) Procedure for, full, iii, 71-97; namely, iy soUoitation, 74-76; iy com- mitting lower crime intending higher, 77-85; 63/ other acts, intend- ing a particular crime, 86-93; the evidence, 94-97. To commit homicide, procedure for, full, iii, 643-663; namely, ty poisoning, 644-650; iy violence, 651, 663. The, and procedure for, in perjury, full, iii, 938, 939. where indictment for, i, 57 (2); how interfere in, i, 165 (2); indict- ment referring to antecedent count in, i, 431; laying more than one endeavor in, not duplicity, 1, 437 (3); how indictment allege, ii, 520 (1); to kill, how closely indictment follows statute, ii, 613 (3, 9). how indictment for the, in arson, ill, 49; proof, iii, 51. to commit burglary, indictment, iii, 130 o. sufficient act, in embracery, iii, 347. ATTEMPT TO BRIBE, Procedure for, full, iii, 126 (2). ATTEMPT TO CHEAT, Procedure for the, full. Hi, 194-196. distinguished from cheat accomplished, iii, 158 (2). ATTEMPT TO DEFRAUD, "knowingly," in indictment for, ii, 504. ATTEMPT TO KILL, Procedure for, by violence, full, iii, 651, 663. seducer of wife, evidence in, ill, 95. ATTEMPT TO POISON, Procedure for, full, ill, 644-650. ATTEMPT TO RAPE, Procedure for, full, iii, 976-979. ATTEMPT TO ROB, Procedure for, full, iii, 1008. ATTENDANCE OF WITNESSES, securing the, Ii, 959 6. ATTENDING OFFICER, may convey what, to consulting jury, ii, 982 a. ATTORNEY, (See Attobney-Geneeal — Counsel — Pbosecutins Officer.) may honorably defend those who are really guilty, i, 94; whether ap- pearance by, and when, i, 268; when prisoner may plead by, i, 268 et seq.; presence at trial In place of prisoner, I, 270, 271; defend- ant corporation, appear by, ii, 950 o (3); appearance by, not by guardian, corrected on error, 11, 1369. 1904 INDEX. BAD ATTORNEY-GENEEAL, (See "One in Authority.") right of information by, i, 142, 144; how employed for defence, i, 300- 302; admitting accomplice as witness, ii, 1161 (4); flat of, for writ of error, ii, 1362 (1); nolle prosequi by, il, 1388 (1). ATTORNEY FOR PROSECUTION, whether nolle prosequi by, Ii, 1388. ATTORNEY FOR STATE, informations by, i, 142, 144. AUTHORITY, whether committing magistrate's, to appear in commit- ment, i, 239 (1); in, who, ii, 1233 (3). AUTHORITY TO ADMINISTER. OATH, averring, in perjury, iii, 910 o (2), 914, 924. AUTHORITY OF OFFICER, how allege, in resisting or assaulting officer, iii, 885. AUTHORSHIP, disregarding rights of, in law writings, ii, 635 (1), note. AUTREFOIS ACQUIT, (See Foemek Jeopaedy.) •as plea in bar, ii, 742 (2); pleading over after, ii, 753-755; plea of, il, 806 (3); extending plea of, to new cases of former jeopardy, ii, 818 (4), 827, 828. AUTREFOIS ATTAINT, as a plea in bar, ii, 742 (2); plea of, obsolete, ii, 806 (4). AUTREFOIS CONVICT, (See Foemee Jeopaedy.) as a plea in bar, ii, 742 (2); the order of trial upon, ii, 752-754; pleading over after, ii, 753-755; plea of, ii, 806 (2). AUTREFOIS CONVICT AND ACQUIT, Law and practice under plea of, full, ii, 208-817. AVAILABLE, Every right to be made, full, i, 113-116. How set up former jeopardy when autrefois convict or acquit is not, full, ii, 818-831. AVAILING OF ERRORS, (See Ebboe.) AVERMENT, AVERMENTS, (See Oedee of — Substantial Alleoations — Useless.) The common useless, full, ii, 499-504, 647. essentials of the, in charge of crime, i, 319 (1), 320; quashing indict- ment for material, omitted, ii, 772 (2). AXE, how charge assault with, iii, 64 (2). AXIOMS, (See Fundamental.) BACKING WARRANT, (See Waeeant.) process called, 1, 189 (2). BAD, plea in abatement, ii, 793 (5). BAD CHARACTER, (See Chaeacteb — Reputation.) evidence of, not permissible, ii, 1112. BAD COUNT OR COUNTS, (See Count.) quashing the, ii, 764; how treated at verdict, ii, 1015 (2, 4); how treat, at sentence, ii, 1332, 1333. 3 C. P. 120 1905 BAR CRIMINAL PROCEDURE. BAD ENGLISH, (See Gbammae — Spelling — Ungeammatical.) In Indictment, I, 354. BAD INDICTMENT, no sentence on, ii, 1291 (2). BAD INDICTMENT OR COUNT, nolle prosequi of, ii, 1394. BAD RHETORIC, in indictment, i, 354. BADGE OP OFFICE, official character inferred from, i, 191 (2), 192. BAIL, (See Affidavit — ^Recognizance.) Doctrine and methods of, full, i, 247-264 n; namely, nature of 248-250; when and before whom, 251-263 o; forms of, 264-264 'e; charging, dis- charging, &c., 264 /-264 n. not arrest by, on Sunday, i, 207 (3), note; efifect on, of surrendering fugitive from justice, i, 224 a (2); on hearing for commitment be- fore magistrate, i, 234 o; defendant on, during trial, ii, 952c[-954; ■whether accomplice have, ii, 1168 (2); giving straw, as evidence of guilt, ii, 1250; mere insufficiency of, not an escape, ii, 1386; whether rearrest after insufficient, ii, 1386; habeas corpus for, ii, 1407, BANK, whether aver incorporation of, in forgery and uttering, iii, 454, 455. BANK-BILL, BANK-BILLS, (See Forged Bank-bills — Foegeey — Monet — Possession.) Procedure for forging and uttering forged, full, iii, 445-460. Procedure for possessing forged, with intent to pass, full, iii, 461-469. Indictment for having fictitious, ii, 523 (2). in forgery, whether set out name of State, iii, 409 (2). proof that it is a forgery, iii, 459 a. and "bank-note" are synonymous in forgery, iii, 450. indictment for larceny of, ill, 732 (2), 734, 736 (2), 738. how determine value of, iii, 751 (7). BANK-NOTES, variance by needless description of, ii, 486 (3). indictment for larceny of, iii, 732 (2), 734, 736 (2), 738. how determine value of, iii, 751 (7). BANK OFFICERS, witnesses to forgery of own bills, iii, 431 (1). BANKERS, (See Embezzlement.) procedure against, for embezzlement, iii, 338-342. BANKRUPTCY, (See Commissionee in.) place of trial for neglect to surrender in, i, 53 (6) ; fine not provable in, ii, 1304. "BAPTIZED," in plea of misnomer, ii, 792 (2). BAR, time alleged to show a, under limitations statute, i, 405; what add to plea in, ii, 749; matter in, plea special, ii, 799 (3); the, as de- partment in court-room, ii, 952. "BARILLA," good, in indictment, iii, 701. BARN, breaking, under warrant to search dwelling-house, i, 209 (1). as name of the structure in arson, iii, 34. 1906 INDEX. BEN BARRATRY, Procedure in, full, iii, 98-103. whether joint indictment- for, ii, 470 (5); how indictment for, ii, 494 (3). conclusion "to common nuisance" in indictment for, iii, 101, 863. "BASE," in indictment for passing counterfeit coin, ii, 259 (6). BASE BALL, played on Sunday, iii, 813 note. BASTARD, concealing death of — numher of defendants, i, 465; how of name of, ii, 686 (2). BASTARD CHILD, conspiracy falsely to charge one with being father of, iii, 241 (2). how indictment for killing, iii, 507 (2); name of, iii, 508, 509; how allege name of, unknown, iii, 510. BATTERY, (See Assault and Batteky.) one, of two or more persons, i, 437 (5) ; wife testifying to husband's, on her, ii, 1153. includes assault, iii, 55 (3). alleging, in indictment for homicide, iii, 512. needless allegation of, in attempt to kill, iii, 658. BAWDRY IN HOUSE, evidence of, against bawdy-house, iii, 118 (2). BAWDY-HOUSE, (See Disordebly House.) Procedure for keeping, full, iii, 104-122; namely, indictment, 105-111; evidence, 112-118; letting for batvdry, 119-122. BAY OR BROWN, in statute, how in indictment, ii, 590 (3). "BEAT," meaning of, in indictment, i, 356 (2). BEFORE SWORN, (See Chalmnge.) challenges to jury to be, ii, 945 (1), 946 (1) ; except, ii, 947 et seq. "BEING," in allegation of time, i, 410; in alleging age, ii, 557 (1). BELIEF, how charge perjury as to one's, iii, 920. BELIEF OF COUNSEL, (See Opinion.) not to be stated to jury, ii, 975 o (2). BELIEF OF GUILT, (See Guilt.) As disqualifying juror, full, ii, 908-910. prosecuting officer not to express, i, 293 (3). BELIEF OF INNOCENCE, counsel expressing, i, 311. BELIEVED GENUINE, charge that forgery was, iii, 460 (3). BELIEVING WITNESS, or not, for jury, ii, 1147. BELL OR WHISTLE, how charge neglect to have, ii, 591 (2). BENCH, when judge must be on the, i, 3i4 (6, 7); the, as department in court-room, ii, 952. BENCH WARRANT, for arrest of indicted person, ii, 869 a (5). 1907 BOD CRIMINAL PROCEDURE. BENEFIT, (See Hope of.) BENEFIT OF CLERGY, declinatory plea of, ii, 737. BENEFIT A FRIEND, (See Friend.) effect of hope to, on testimony, ii, 1175 (2). BEST EVIDENCE, Doctrine of, and of res gestae, full, ii, 1080-1087. BESTIALITY, (See Sodomy.) BET, disqualifies to be juror, ii, 907 (1). BETWEEN TWO DAYS, alleging offence as, i, 396. BIAS, (See Opinion.) As disqualification of petit juror, full, ii, 901, 903-906, 908-910, 916-918. "BILL," meaning of word, i, 131 (2). distinguished from acceptance of it, in forgery, iii, 471. BILL OF ATTAINDER, constitutional provision against, i, 86 (2). BILL OF EXCEPTIONS, (See Exception.) as a method to rehearing, ii, 1265. BILL OF EXCHANGE, procedure for forging, &c., iii, 470-472. BILL OF PARTICULARS, (See PABTictrLAES.) Doctrine and practice of, full, ii, 643-646. none, of infinite offences, i, 108 (2). on trial for barratry, iii, 100. in indictment for common scold, iii, 201; generally in indictments, iii, 209. in indictment for nuisance, iii, 873. BINDING OVER, (See Commitment — Complaint — Couets op Record — Justice op Peace.) The, before .magistrate, full, i, 224 c-239 a. person taken on search-warrant, i, 218. BIRTH, (See Concealing Birth.) BLASPHEMY, disturbing peace by, how allege, ii, 557 (2). BLASPHEMY AND PROFANENBSS, Procedure for, full, iii, 123-125. BLENDING, of law and fact in a case, ii, 982 c (2). BLOOD RELATION, proving insanity of, iii, 675 (2). BLOOD STAINS, explainable by experts and others, iii, 631 (5). BLOWS, how set out the, in homicide, iii, 516, 517. BLUNDER, (See Error.) deciding from, ii, 550.' BOARD FROM BURNED BUILDING, evidence in arson, iii, 52. BODILY CONDITION OR SUFFERINGS, as evidence in homicide, iii, 626 (1). 1908 INDEX. BRE BODY, proceed against the, to collect fine, ii, 1301, 1302; costs, ii, 1321. to enforce abatement of nuisance, iii, 871. BOND. (See Appearance Bond.) how charge, in forgery, iii, 418a (3). is "writing obligatory," iii, 439 (2). BOND OF RECORD, as form of bail, i, 264 (2), 264 a. BOOKS, (See Newspapebs.) whether jury take, to their room, ii, 982 a; officer not to bring jury, ii, 998. a (1); use of, by expert witness, ii, 1180. jury taking, when retiring to deliberate, iii, 686. in evidence of insanity, iii, 686. BOOKS OF ACCOUNT, in proof of embezzlement, iii, 327 (6). BOOKS OF RECORD, (See Record.) BOOTH, iow allege liquor-selling in a, i, 373 (2). • BORDERS OF COUNTIES, where indict crimes committed in, i, 63 (2). "BOTTLES" OF WHISKEY, how indictment for larceny of, iii, 710 (3). BOUNDARIES, United States courts take cognizance of what, i, 67. BOYCOTT, conspiracy of, iii, 242 (3). "BRAWliER," (See "Common Brawler.") BREACH OF DUTY, how charge, ii, 591 (1). BREACH OF PEACE, (See Aj-frat — Assault — Forcible Detainer — Dis- turber OF Peace — Forcible Entry — Libel — Riot.) how interfere in, i, 166 (2), 170 (1), 178; officer arrest person commit- ting, i, 183 (4-6) ; what is a, i, 183 (5), 207 (3) ; how allege, by curs- ing and swearing, i,, 557 (2); how indictment for, concludes, i, 648 (3). when allege intended, in libel, iii, 784 (5). "BREAK AND ENTER," . in indictment for burglary, iii, 140. BREAKING, BREAKINGS, (See Arrest.) Procedure for the various criminal, full, ii, 128-153 ; namely, in general of the indictment, 129-130 a; allegation and proof of time, 131-134; same of place, 135, 136; same of ownership, 137-139; same of 'break- ing and entering, 140, 141; same of intent, 142-150; further of the evidence, 151-153. what is a, in arrest, 1, 199. BREAKING FROM ARREST; how officer conduct toward one, i, 161, 162. BREIAKING DOORS, In making arrest, full, i, 194-205. in. serving search-warrant, i, 208 (1). BREAKING PRISON, (See Prison Breach.) BREVITY, how of, in indictment, i, 336. 1909 BUR CRIMINAL PROCEDURE. BRIBE, indictment for attempting to, lii, 75 (2). BRIBERY, (See Magisteate.) Procedure for, full, ili, 126, 127. by letter, where Indict, i, 61 (1). the corrupt intent, iil, 127 o. judicial notice of oflScial acts, iii, 127 Z). accompliced evidence, when it is received, iil, 127 c. proof of other acts of, iii, 127 d. BRIBING "WITNESS, (See Witness.) by defendant, as evidence, ii, 1251. BRINGIN(J ON CAUSE, party who has the, may elect the order, ii, 1045. BROKEN DOORS, proof of, in disorderly house, iii, 280 (2). BROTHER, proven insanity of, iii, 675 (2). BUGGERY, Procedure for, full, iii, 1013-1018 a. "BUILDING," indictment for larceny from a, iii, 779. not demolished, in abating nuisance, iii, 871 (2). BURDEN OF PROOF, (See Pbesumption— Reasonable Doubt.) The, full, ii, 1048-1051. in autrefois convict or acquit, ii, 816 (2); not affected by alibi, ii, I 1066; statutes changing the, ii, 1090; on defendant, preponderance of evidence, ii, 1095; of evil intent, ii, 1101; presumption of inno- cence keeps the, on State, ii, 1104; on prosecution, as to competency of confession, ii, 1220 ; of confession being voluntary, ii, 1232. BURDEN OF PROOF AND PRESUMPTIONS, In homicide trials, full, iii, 599-608. On issue of insanity, full, iii, 669-675. "BURGLARIOUSLY," in indictment for burglary, iii, 129 (3), 130 (2). BURGLARS' TOOLS, as evidence, Ii, 1097 (4). evidence from, in burglary, iii, 151 (2). BURGLARY, (See Intent — Robbeby.) Procedure for, full, iii, 128-153; namely, in general of the indictment, 129-130 a; allegation and proof of time, 131-134; same of place, 135, 136; same of ownership, 137-139; same of breaking and enter- ing, 140, 141; same of intent, 142-150; further of the evidence, 151- 153. where Indict, 1, 61 (4); how charge, 1, 83, 372 (2), 439; separate counts in, i, 423 (1, 2); count for, may charge larceny actually com- mitted, i, 439, 449; variance as to intent, II, 488 e (4), 521 (2), note; how specific the averment of intent in, ii, 527 (3) ; aver place 1910 INDEX. CAR BURGLARY— cowimwed. as dwelling-house, and how, ii, 573 (3); in one county, evidence in, of same in another, ii, 1124 (1). possession of stolen goods as evidence in, iil, 747 (2). BXJRGLARY AND LARCENY, (See Larceny.) whether join, i, 449 (5); whether prove both, on different days, i, 459 (2); joint defendants differently convicted for, ii, 1037, note. BURIAL, (See Sepultube.) "BURN." in indictment for arson, iii, 46, 47. BURNING, BURNINGS, Procedure for criminal, full, iii, 31-53; namely, indictment, 33-49; evidence, 50-53. allegation of the, in arson, iii, 46, 47. "BY COLOR OF OFFICE," words, in indictment for extortion, iii, 357 (4), 358 (1). BY FORCE, (See Foeciblt.) in indictment for carnal ravishment, Iii, 959. BY-LAW, whether indictment on, recite, ii, 609; action on, not criminal, 1, 892 (4). BYSTANDER, to assist officer commanding, i, 185 (1), 186 (1). CALENDAR, for executing sentence, ii, 1336. CAPACITY, proof of, in forgery, iii, 436 (3). CAPACITY FOR CRIME, not aver, in Indictment, iii, 952. CAPIAS PRO FINE, ii, 1302. CAPITAL CASE, (See Guilty.) accepting plea of guilty in a, ii, 795 (1); care of jury in, ii, 995; concerning the sentence in, ii, 1311. CAPITAL CRIME, whether bail for, i, 255 (2), 256. CAPITAL PUNISHMENT, (See Execution of Sentence.) scruples against, disqualifying grand juror, ii, 852 (2); juror who cannot convict for offence subject to, disqualified, ii, 918 (1); how sentence to, ii, 1311. CAPITAL SENTENCE, how executed, ii, 1336. CAPTION AND COMMENCEMENT, Of indictittent, full, ii, 653-668. CAPTION OF INDICTMENT, amendment of, ii, 708 (2); quashing defec- tive, ii, 765. CAPTIOUS DOUBT, not reasonable doubt, ii, 1094 (2). CARET, In wrong place in indictment, i, 338. CARNAL ABUSE, (See Abuse— Rape.) indictment for, I, 431 (2) ; on indictment for, conviction of simple assault, ii, 521 (2), note, when age of female necessary in charging, iii, 82. how indictment for, iii, 960. 1911 CER CRIMINAL PROCEDURE. CARNAL KNOWLEDGE, averring, in sodomy, ill, 1015 (1). "CARNALLY KNOW," in indictment for rape, iii, 968. CARRIER, (See Common Caeeiek.) CARRIER'S NEGLECT, death from, how indictment, ii, 542. "CARRY AWAY," in larceny indictment, iii, 698 (1). CARRYING CHALLENGE TO DUEL, ofCence of, iii, 311. CARRYING GUN, indictment for, ii, 588 (3). CASE RESERVED, revision of cause by, ii, 1266. CASHIER, order on, is on the bank, iii, 474 (1). CASTLE, (See Dweixinq-house.) Breaking, in malting arrest, full, i, 194-205. "CATTLE," (See Malicious Mischief.) too general in allegation, ii, 568, 570; in statute, too general in indict- ment, ii, 619. CAUSE, CAUSES, (See Cbiminal Cause.) For quashing indictment, full, ii, 766-774. Challenge of petit jurors for, full, ii, 934. efCect of challenge for, wrongly overruled, on peremptory challenge, ii, 943 o. CAUSE OF CHALLENGE, waiving, ii, 932. CAUSE OF DEATH, experts may testify to, iii, 631 (6). CAUSE OF INSANITY, showing, .in proof of, iii, 675. CAUSE AND ISSUE, how prove the, in perjury, iii, 933 6 (1). CAUTION, judge giving jury, as to believing witnesses, ii, 1148-1150; as to believing accomplices, ii, 1169 (2). CAUTION TO JURY, giving, when separating, ii, 996 (2); as to confes- sions, il, 1245. CERTAIN, sentence must be, ii, 1297. allegation of value must be, iii, 715. "CERTAIN INTENT IN EVERY PARTICULAR," certainty to a, i, 323 (4). "CERTAIN INTENT IN GENERAL," certainty to a, i, 323 (4), 325. CERTAINTY, (See Description — Plea.) Doctrine of, in criminal pleading, full, i, 323-328. Methods of allegation to promote, full, ii, 508-516 a. how, in indictment, and why, ii, 506, 507; how, in description of goods, &c., ii, 575, 576; what, in plea, ii, 745; what, in plea in abate- ment, ii, 793 (3) ; what, in plea of autrefois convict, ii, 808 (2) ; court determines degree of, in jury's belief, ii, 1091. 1912 INDEX. CHA CERTIFICATE OF OATH, as evidence in perjury, iii, 933 c. "CERTIFIED," recognizance, i, 264 e. CERTIFIED COPY, in proof of record, ii, 1133 (2). CERTIORARI, Writ of, full, ii, 1375-1381. distinguished from error, ii, 1364, 1378. CHALJ:,ENGE, (See Array.) Of grand jurors, full, ii, 875-881. CHALLENGE FOR CAUSE, wrongly overruled, effect on peremptory challenge, ii, 943 o. CHALLENGE TO THE FAVOR, Doctrine of, full, ii, 903-906. CHALLENGE BY PERMISSION, ii, 947 (1); overruled, ii, 949 (2). CHALLENGES TO JURY, (See Impaneixing.) By joint defendants, full, ii, 1027-1032. on trying separate indictments together, ii, 1042. CHALLENGING TO DUEL, (See Duelling.) Procedure for, full, iii, 304-311. CHALLENGING AND IMPANELLING, The petit jurors and the panel, full, ii, 930a-945; namely, in general, 931-933; for cause, 934; peremptory, 935-945. CHAMPERTOR, how indictment against, ii, 530 (2). CHAMPERTY AND MAINTENANCE, Procedure for, full, iii, 154-156. CHANCE, device of, makes verdict illegal, ii, 998 o (3). CHANCELLOR, may bind over for trial, i, 225 (2). CHANGE sentence, ii, 1298. CHANGE OF RAIMENT, jury to he permitted, ii, 997. CHANGE OF VENUE, Doctrine of, full, 1, 67 o-76. when constitutional, i, 50 (3); whether presence of prisoner at, i, 269 (1); working severance, ii, 1023 o; to appear in record, ii, 1355 (4). CHANGE VERDICT, (See Verdict.) power of jury to, ii, 1003 et seq. CHAPEL, procedure for larceny from, iii, 777. CHAPLAIN, is "in authority," for confession, ii, 1233 (3). CHARACTER, Of defendant, how as evidence, full, ii, 1112-1119. defined, and how proved, ii, 1117, 1118; showing, of defendant, testify- ing for self, ii, 1185; of declarant in dying declaration, ii, 1209 (2), of assaulted person, in evidence, iii, 65 (2). defendant's, in assault and battery, iii, 68 (2). reputation in proof of, iii, 112 (2). 1913 CHI CRIMINAL PROCEDURE. CHARACTER OF COMPLAINING WOMAN, impeaching, in rape, iii, 964 (2) et sect. CHARACTER OF DECEASED, As evidence in homicide, full, iii, 609-617. CHA.RACTBR OF DEFENDANT, What presumption from the, full, ii, 1112-1119. As evidence in homicide, full, iii, 628-630. CHARACTER IN ISSUE, not putting, ii, 1119. CHARACTER AND REPUTATION, how differ, iii, 617. ^'CHARGED WITH CRIME," definition of, i, 220, note. indictment, when produced, i, 222, note. CHARGE TO JURY, By judge, full, ii, 975c-982o. jury disregarding, ii, 985-988. how the, in homicide, iii, 638 a. CHARGE SEVERAL, trial where, ii, 1041. CHARGING, Bail, full, i, 264 /-264 n. CHARITY OR NECESSITY, jury to determine, in Lord's day, iii, 818 (3). CHASTISEMENT, assault inflicted in, ill, 70. CHASTITY, complaining woman's bad reputation for, in rape, iii, 965, 966. CHATTELS, (See Goods.) how indictment described, ii, 575. how determine value of, iii, 752 (8). CHEAT, CHEATS, (See False Pbetences.) Procedure for, full, iii, 157-198; namely, indictment for common-law cheat, 158-161; same for statutory false pretences, 162-186; the evi- dence, 187-193; procedure for the attempt, 194-196; questions of practice, 197, 198. how indictment for conspiracy to, ii, 516 (2). forgery is in nature of, iii, 399. "CHEAT AND DEFRAUD," words, in indictment for conspiracy, iii, 212-214, 217. CHEAT INDIVIDUAL, Indictment for conspiracy to, full, iii, 207 (2)-222. CHEATED, Allegation of person to 6e, in forgery, full, iii, 420-425 6. CHEMICAL ANALYSIS, In cases of poisoning, iii, 650 (2). CHILD, kidnapped, affection of, as evidence, Iii, 695 (1). 1914 INDEX. CLA CHILD MURDER, (See Homicide.) how minute the allegations of indictment, ii, 527 (1). CHOICE OF PROCEEDINGS, Some views concerning, full, i, 28-44. CHOICE OF STEPS, (See Obdee of.) in criminal cause, i, 28 a. CHRISTIAN NAME, (See Name.) whether one or more, &c., ii, 683, 684. CHURCH, breaking into and stealing from, procedure, iii, 777. CIRCUIT COURT, (See Court— United States.) of U. S. as to writ of error, ii,' 1365. CIRCUMSTANCES, how allege unknown, ii, 495 (3); when indictment must charge the, ii, 527 (4) ; show what, in circumstantial evi- dence, ii, 1078, 1079. CIRCUMSTANTIAL, EVIDENCE, (See Evidence.) Doctrine of, full, ii, 1073-1079. proving county of offence hy, i, 384 (3) ; juror who cannot convict on, disqualified, ii, 917 (3) ; to corpus delicti, ii, 1057; in proof of identity, ii, 1060 (2). in arson, iii, 53 (7). in conspiracy, iii, 227. in counterfeiting coin, iii, 254, 268. that defendant is keeper, in disorderly house, iii, 278. in perjury, ii, 933 B (2). CIRCULATE AS MONEY, charge that forged note was issued to, iii, 460 (2) ; and see 466 (2). CITY, laying offence in, without county, I, 378 (1). CITY ORDINANCE, (See By-Law.) whether prosecution on, is a criminal case, ii, 892 (4, 5.) CIVIL CAUSES, compared with criminal as to new trial, ii, 1273; as to enforcing the law, ii, 1275; as to writ of error, ii, 1361. CIVIL AND CRIMINAL CASES, how jury's oath differs in, ii, 983. CIVIL EVIDENCE, compared with criminal, ii, 1046 (1), 1092, 1095, 1132, 1136; familiar rules of, in criminal cases, ii, 1047. CIVIL NATURE, quashing indictment in cases of, ii, 769. CIVIL PLEADING, compiared with criminal, i, 320, 321. CIVIL PROCESS, (See Peocess.) confinement on, effect on bail, i, 264 i (2). CLASSES OF PERSONS, Larcenies hy particular, full, iii, 775-776 a. CLASSES OP WITNESSES, (See Witnesses.) CLAUSE, (See Enacting Clause.) what, of statute, and how indictment, ii, 634. CLAUSES OP STATUTE, (See Negative.) How considered in indictment on it, full, ii, 632-639. 1915 COL CRIMINAL PROCEDURE. CLEAR CASE, quash indictment in a, ii, 768 (1). CLERICAL ERRORS, (See Grammar— Spelling.) whether vitiate indictment, i, 354, 357; how correct, in record, ii, 1343. CLERK, restricted, as to record, ii, 1342, 1344, 1345. procedure for larceny by, from master, iii, 775, 776. CLERK'S BOX, as department in court-room, ii, 952. CLERK OF THE CROWN, no nolle prosequi by, ii, 1388 (1). CLIENT, whether can be juror, ii, 902 (4) ; position of, in court-room, ii, 952. CLOG THE RECORD, (See Recced.) indictment must not, ii, 528. CLOGGING APPEAL, when unconstitutional, ii, 894 (2). CLOSE OF TERM, effect of, on amendments of docket and record, ii, 1343- 1345. CLOTHING, as evidence, ii, 1097 (4). "CLUBS, KNIVES," &c., (See Tools op Crkie.) averment of using, ii, 502 (1). CO-CONSPIRATORS, (See Conspiracy.) declarations of, in evidence, ii, 1248 (2). declarations of, in assault and battery, iii, 68 (3). declarations of, in burglary, iii, 153 (3). declarations and acts of, in conspiracy, iii, 228-230. admissions and conduct of, in forgery, iii, 428 (4). declarations of, in robbery, iii, 1007 a (6). how charge, in treason, iii, 1033; acts and conduct of, iii, 1038 (2). CO-DEFENDANT, CO-DEFENDANTS, witnesses, when, ii, 1020, 1021. testimony of, in treason, ill, 1039. COERCE FELLOW, juror should not, ii, 998 a (3). COFFIN, how lay ownership of, in larceny, iii, 725 (2). value of, iii, 751 (5). COHABITING ILLICITLY, parties, witnesses, ii, 1154. COIN, (See Counterfeiting Coin.) Procedure for offences against the, full, iii, 246-271. how described, in indictment for counterfeiting, iii, 252, 253. having counterfeit, with Intent, &c., iii, 265-268. how describe, in larceny indictment, iii, 703, 704. how determine value of. Hi, 751 (6). COINING, (See Counterfeit Money.) indictment for, how, ii, 529 (2). COLLATERAL ISSUE, no peremptory challenges on, ii, 942. COLLATERAL MATTER, how allege, ii, 554 (1) et seq. COLLOQUIUM, no, in false pretence indictment, iii, 178 (2). in indictment for libel, iii, 785-788. 1916 INDEX. COM COLONIAL STATUTES, (See Addition.) of addition, ii, 674. €OLOR, (See Variance.) variance by needless description of, ii, 486 (1); variance in proof of, li, 488 (5); discerned by inspection, ii, 1097 (4). "COLOR OF OFFICE," in indictment for extortion, iii, 358 (1). COMBATANTS, (See Affray— Peize-Fight.) duty to part, i, 166 (2, 3). COMBINATIONS, (See Co-conspirators — Conspiracy.) COMBINING, the, allege in conspiracy, iii, 204 (3). COME TO LIFE, when prisoner does, after hanged, ii, 1311 (2). COMMENCEMENT, the, of count; i, 429, 430. COMMENCEMENT AND CAPTION, 0/ indictment, full, ii, 653-668; namely, under English practice, 655- 659; under American, 660-668. COMMENCEMENT OF INDICTMENT, amendment, of, ii, 708 (2). COMMENT, on what counsel may, Ii, 975 a. COMMENTS ON EVIDENCE, in opening to jury, ii, 971 (2). COMMISSION, officer arrest for crime in course of, i, 183 (2). COMMISSIONER, COMMISSIONERS, how aver perjury before, of U. S., iii, 910a (2). of U. S. courts, bind over for trial, i, 226 (2). COMMISSIONER IN BANKRUPTCY, admissions before, ii, 1255. COMMITMENT, (See Binding Over.) the, a step in a criminal cause, i, 32, 33; magistrate's power of, i, 229; evidence necessary for, i, 233; whether warrant of, to show au- thority, i, 239 (1), note; order of, accompanying sentence to a fine, ii, 1301. COMMITTING MAGISTRATE, admitting "king's evidence," ii, 1158; accomplice, ii, 1161 (2), when produce testimony before, at trial, ii, 1197-1199; as witness to such testimony, ii, 1199 (3), note; sworn admissions before, ii, 1255, 1258, 1261, 1262; statutes concerning, how construed, ii, 1259. COMMITTING FOR TRIAL, Doctrine and practice of, full, i, 224 c-239 a. Doctrine and practice of bail, full, i, 247-264 n. "COMMON BARRATOR," (See Barratry.) words, whether alone sufficient in indictment, ii, 494 (3). essential in indictment for barratry, iii, 98, 99 (1). "COMMON BAWDY-HOUSE," (See Bawdy-house.) "COMMON BRAWLER," words, in Indictment for common scold, iii, 200 (1). 1917 COM CRIMINAL PROCEDURE. COMMON CARRIER, form of indictment against, for death of passenger, ii, 542. as alleged owner in larceny, iii, 720 (3). "COMMON CHAMPERTOR," words, not sufficient in indictment, ii, 530 (2). COMMON CHEAT, right to arrest, i, 169, 170 (2), note. words, inadequate in indictment, iii, 160. "COMMON CONSPIRATOR," (See Conspieacy.) how indictment against, ii, 530 (2). COMMON DEPAMER, (See Slander.) how indictment against, iii, 530 (2). COMMON DISORDERLY HOUSE, how indictment against, iii, 530 (2). "COMMON DISTURBER," words, not sufficient in indictment, ii, 530 (2). "COMMON EMBRACER," in indictment for embracery, iii, 346. "COMMON EVIL-DOER," words, not alone sufficient in indictment, ii, 530 (2). "COMMON FORBSTALLER," words, not alone sufficient in an indict- ment, ii, 530 (2). COMMON GAMING-HOUSE, species of disorderly house, iii, 106 (2). COMMON INFORMER, As witness, full, Ii, 1173-1176. COMMON INTENT, certainty to a, i, 323 (4). COMMON KNOWLEDGE, counsel state matters of, to jury, ii, 975 (2). COMMON LAW, aids interpretation of statute, i, 110 ; constitutions re- quiring minuteness beyond the, 1, 111; waiver of right under, i, 118; bail good at, notwithstanding statute, i, 264 o (2); enters into interpretation of written, i, 314 (2) ; affirmed by statute, whether indictment statutory, ii, 599; writ of error only on proceedings after course of, ii, 1364; certiorari in proceedings not after the, 11, 1378. COMMON-LAW FORMS, (See Poem.) of indictment, the pruned, i, 336 (2). "COMMON NIGHT-WALKER," in Indictment, iii, 874 a. COMMON NUISANCE, whether indictment for barratry concludes to the, Iii, 101. conclusion to the, in indictment for common scold, iii, 200 (2). conclusion to, not necessary in disorderly house, iii, 276 (3). whether conclusion to, in exposure of person, iii, 353 (3). whether conclude to, for uttering obscene words, iii, 810. in conclusion for nuisance, 111, 862-864. COMMON OPPRESSOR, how indictment against, ii, 530 (2). COMMON PURPOSE, (See Co-conspibatoes.) declarations and acts of persons combining in one, iii, 228-230. 1918 INDEX. COM COMMON SCOU), Procedure against, full, lii, 199-201. technical words in indictment against, i, 335; whether joint indict- ment for, ii, 470 (5); how indictment against, ii, 494 (2). words "to the common nuisance," in indictment against, iii, 863. COMMON SELLER, (See Liquoe-selung.) allegation and proof of time, i, 402 (1) ; bill of particulars on indict- ment for being, ii, 645 (2). COMMON THIEF, (See Laecent — Stoi.en Goons.) how indictment against, ii, 530 (2). COMMON TIPPLING-HOUSE, species of disorderly house, iii, 106 (2). COMMON TJTTBRER, how charge one with being, ii, 515 (2). words, in indictment for being, iii, 271 (2). COMMON VBXER, how indictment against, ii, 530 (2). COMMONLY KNOWN, name by which one is, ii, 686 (1). COMMUNICATE, how deliberating jury, with court, ii, 998 a (1), 1000. COMMUNICATIONS, (See Witness.) between excluded witnesses and counsel, ii, 1193 a. COMPARISON OF HANDS, proof by, in forgery, iii, 432 6. COMPENSATION, (See Fees.) Of prosecuting officer, full, i, 279-286. of ofBcers as to fugitives from justice, i, 224 a (1); to prosecuting oflacer's assistant, i, 281; to prosecuting officer, i, 286. COMPENSATION OF COUNSEL, To prisoner, full, i, 303-306. COMPETENCY OP WITNESS, a fact for the court, ii, 989 (2, 3). COMPETENT, special verdicts always, ii, 1008 (1). COMPLAINANT, who, before magistrate, i, 232 (1) ; refusing to complain, i, 232 (2) ; who be, before magistrate, ii, 719 (1). COMPLAINING WOMAN, Testimony of, in rape, full, iii, 961-968. COMPLAINT, (See ApriDiviT — Binding Ovee — iNroEMATioN.) The, before inferior magistrate, full, i, 148-154, ii, 716-727. proceeding by, before magistrate, i, 152; whether in proceedings to bind over, and how issue, i, 230 (2-5) ; requisites of, amendments, &c., i, 230-234; what, in search-warrant, i, 242 (3) ; structure of, com- pared with indictment, ii, 639 (7), note. COMPLAINT OF INJURED PERSON, as evidence in sodomy, iii, 1018. COMPLAINT OF WOMAN, in evidence of rape, iii, 963. COMPLAINTS OP SUFFERING, when admissible in evidence, ii, 1111, Hi, 626 (1). COMPOUNDING, allegation of time in, i, 404 (2). 1919 CON CRIMINAL PROCEDURE. COMPREHENSIBLE, by lay persons, charge to jury should be, ii, 980 a. CONCEALING BIRTH, how specific the indictment for, ii, 527 (1): CONCEALMENT OF DEATH, how indictment for, ii, 465 (2). • CONCEALMENT OP DEFENDANT, as evidence, ii, 1250. CONCEPTION, evidence of, in rape, iii, 971 (1). CONCLUDING PART, Of indictment, full, ii, 647-652 a. of plea of not guilty, ii, 797 (1). in indictment for nuisance, iii, 862-864. CONCLUDING SUMMARY, The, in murder indictment, full, iii, 548-550. in indictment for perjury, iii, 903. CONCLUSION, Of indictment on statute, how, full, ii, 602-607. the, of count, i, 429; what, to plea in abatement, ii, 793 (2). CONCLUSION OF LAW, not allege, i, 331 (2), ii, 515 (1); not good in record of conviction) ii, 725; in special verdict, ii, 1007 (5). CONCLUSIVE PRESUMPTIONS, what are, ii, 1098, 1099. CONCURRENT JURISDICTION, (See Jtjeisdiction.) rule where courts have, i, 315 (1). CONCURRENT REMEDY, when writ of error is, ii, 1370. CONDITION OF PARDON, effect of breach of, ii, 1383, 1384. CONDUCT, showing connection between conspirators by, iii, 235 (1). and language, in insanity, iii, 687 a. CONDUCT OF DECEASED, As evidence in homicide, full, iii, 609-611, 618-622. CONDUCT OF DEFENDANT, And his admissions, as evidence, full, ii, 1247, 1254. As evidence in homicide, full, iii, 628-630. CONDUCT OF LANGUAGE, evidence by, in forgery, iii, 428 (2). CONFESSION, CONFESSIONS, (See Admission.) Extrorjudicial, what and when and why received, full, ii, 1216 o- 1246; namely, in general, 1217-1220; when and why rejected or received, 1221-1240; further thereof and their effect, 1241-1246. as evidence of corpus delicti for binding over, i, 233 (1) ; whether should be opened to jury, ii, 969 (4); court decides whether, is voluntary, ii, 989 (3); when separate trials to exclude, ii, 1019 o (2); as evidence of corpus delicti, ii, 1058; of person not the de- fendant, inadmissible, ii, 1070 (2); are not hearsay, ii, 1081 (2); distinguished from admissions, ii, 1247 (1) ; parole evidence of, ii, ' 1266, note, of principal, on trial of accessory, iii, 13 (4). of prisoner in arson, iii, 53 (2). 1920 INDEX. CON CONFESSION, CONFESSIONS— cowtrnttec?.- in aggravated assault, iii, 67 (4). whether evidence in blasphemy and profaneness, iii, 125. of one conspirator as evidence, iii, 229. (See Co-conspikator.) as evidence in forgery, iii, 428 (3). CONFESSION IN WRITING, how prove, ii, 1260. CONFESSIONS AND ADMISSIONS, Judicial, as evidence, full, ii, 1254 a-1262. CONFESSIONS OF JURORS, not evidence, ii, 1270. CONFIDENTIAL COMMUNICATION, arrest on, i, 233 (2); accomplice to disclose, ii, 1164. CONFIDENTIAL. CONFESSION, admissibility of, ii, 1226 (2). CONFIRMING, (See Corroborating.) CONFUSED AND CONTRADICTORY LANGUAGE, of courts, as to indictment for murder in degrees, iii, 571-581. CONGREGATION ASSEMBLED, (See Disturbing Meeting.) procedure for disturbing, iii, 293-298. CONGRESS, (See Members of.) not change rules of evidence in State courts, ii, 1088. CONJECTURE, not reasonable doubt, ii, 1094 (2). CONJUNCTIVE AND DISJUNCTIVE ALLEGATIONS, (See Allegation "Ob.") In indictment, full, ii, 585-592. CONNECTICUT, prosecutions in, by information, i, 144. CONSANGUINITY, what, disqualifies to be juror, ii, 901 (1, 4). CONSCIENTIOUS SCRUPLES, disqualifying grand juror, ii, 852 (2); when disqualify to be petit juror, ii, 918. CONSENT, (See Waives.) effect of, in change of venue, i, 73 (4, 6) ; as dispensing with allegation, i, 96; not complain of what is done by, i, 117; not remove dis- qualification of judge, i, 314 (3), 316 (2); no jurisdiction by, i, 316 (2); to trial without jury, ii, 893 (3), 898 (1); to depositions, ii, 1205, 1206. whether want of, must be proved in larceny, iii, 752 a. CONSENT OF PRISONER, to separation of jury, ii, 998; not essential to nolle prosequi, ii, 1390. CONSEQUENCES, wjien presume natural and probable, intended, ii, 1100. CONSERVATOR OR CONSERVATORS OF PEACE, preceded justices of peace, i, 174; who is, with us, i, 181 (1); his power of arrest, i, 181 (1); power to hold for trial, i, 225 (2); court as, i, 225, 229. "CONSIDERED," word, in sentence, ii, 1296. CONSOLIDATED SENTENCE, on several counts, ii, 1327, 1329. CONSOLIDATING ACTIONS, i, 421 (1). CONSOLIDATING INDICTMENTS, And trying together, full, i, 421 (1), ii, 1042-1045. 3 C. P. 121 1921 CON CRIMINAL PROCEDURE. CONSPIRACY, (See "Common Conspikatoe.") Procedure for, full, iii, 202-245; namely, in general of the indictment, 204-226; the evidence, 227-236; questions of practice, 237-239; in some particular forms of, 240-245. where indict for, i, 61 (3); Sunday arrest for, i, 207 (3); laying several overt acts in, not duplicity, i, 437 (2); how charge, against several, ii, 464 (2), 468 (4); in, to cheat, how indictment, ii, 516 (2); bill of particulars in, ii, 644 (2); wife as witness in, ii, 1019 (5); when severance not permitted in, ii, 1019 (5); trying defend- ant alone, ii, 1022; new trial, arrest, and error. In cases of, ii, 1038 (2, 3), 1039; declarations in progress of, ii, 1248 (2). CONSPIRATORS, (See Co-conspibatoes.) indictment against several, iii, 225. CONSTABLE, (See Officee.) When arrest hy, without warrant, full, i, 181-184. procedure for refusing to accept office of, iii, 820, 821. CONSTITUTED AND ORGANIZED, How grand jury, full, ii, 849-860. CONSTITUTION, Interpreting statute hy the, i, 114; waiver of right under, i, 118. CONSTITUTION AND STATUTE, interpreted together, ii, 894 (3). CONSTITUTIONAL LAW, (See Jubisdiction — Teial — United States.) as to place of prosecution, i, 50, 52 (2), 58 (2), 61 (4), 63 (1), 64-67; as to change of venue, i, 75a, 76; as. to fulness of allegation, i, 86- 88, 95-112; as to prosecutions by information, i, 145; as to fugitives from justice, i, 220-223 &; as to search-warrants, i, 240 (2); ex- cessive ball, i, 261, 262 (3) ; as to trial without prisoner's presence, 1, 269 (3); as to prisoner's presence in trials for felony, i, 271 (2) ; as to appointing prosecuting officer pro tem., i, 280; provisions giv- ing prisoners right to have counsel, i, 301; as to counsel to poor prisoners, i, 305; whether lawyers compellable without compensa- tion, i, 305, 306; giving meanings, by statute, to words, i, 358; statutes dispensing with allegation and proof of place, i, 385; as to conclusion of indictment, ii, 607, 650-652 o; as to defects in in- dictment cured by acquiescence, ii, 706 o (3); as to amendments in Indictment, ii, 711 (2, 3) ; whether requires oath to complaint be- fore inferior magistrate, ii, 718 (1) ; number of grand jurors, 11, 855; as to irregularly selected grand jurors, ii, 875 (4); as to jury trial, ii, 891-894; as to qualifications of petit jurors, ii, 900 et seq.; as to triers, 906 (1) ; as to opinion of guilt disqualifying juror, ii, 908 (1, 3), 909, note; Tennessee, 11, 910 (2); as to bias respecting the law, il, 916-918; as to scruples about capital punishment dis- qualifying juror, ii, 918 (1); as to juror being a resident, voter, or tax-payer, ii, 922; as to speedy trial, ii, 951 e; as to public trials, ii, 957, 958; as to furnishing prisoner copy of Indictment, ii, 959 o (1) ; as to compulsory process for witnesses, ii, 959 b; as to paying wit- 1922 INDEX. CON CONSTITUTIONAL UiM— continued. nesses, ii, 959 6; defence by counsel and self, ii, 962 (2); as to post- ponement of trial, to procure inculpatory evidence, il, 966 d (2); forbidding charge to jury upon facts, ii, 979 (2) ; as to jury judg- ing of law, ii, 984, 987; as to statutes changing rules of evidence, ii, 1089 (2), 1090; "confronted with witnesses," ii, 1134; as to record evidence, ii, 1134; as to defendants testifying for themselves, ii, 1183, 1186; as to absent or deceased witness, ii, 1194 (2), 1204; meeting witnesses "face to face," ii, 1204, 1208; as to dying declara- tions, ii, 1208; as to effect of facts agreed, ii, 1254 a (4); as to statutes taking away motion in arrest of judgment, ii, 1287; as to respite and reprieve, ii, 1299; as to writ of error by State, ii, 1363 (2) ; pronouncing statute unconstitutional upon habeas corpus, il, 1410 (7). requirements of, as to indictment for murder in first degree, ill, 582- 587. CONSTITUTIONAL PROVISIONS, various, as to form of indictment, 1, 100 0-112. CONSULAR COURTS, not bound to give jury trial, ii, 891 (1). CONTEMPORARY UTTERANCES, as evidence in homicide, iii, 625, 626. CONTEMPT, (See In Contempt — Misbehavioe.) by a grand juror, ii, 869 (2) ; by witness before grand jury, ii, 869 (1) ; for disobeying order excluding witnesses, ii, 1191. process as for, to compel abatement of nuisance, iii, 871 (1). CONTEMPT OF COURT, punishable summarily, 1, 100 « (3); breaking doors, to arrest for, i, 196; Sunday arrest for, i, 207 (3); not jury trial for, ii, 892 (6). CONTEMPT OP TITHING-MAN, how indictment for, ii, 513 (4). CONTENTS AND FORM, (See Foem.) Of record, full, ii, 1347-1360. CONTINUANCE, CONTINUANCIJS, (See Trial.) Doctrine and practice of, full, ii, 951-951 c. > of hearing for commitment before magistrate, i, 234 a; whether pres- ence of prisoner at motion for, i, 269 (1) ; whether, before plea, ii, 730 (2); of case before grand jury, ii, 870 a (2); working sever- ance, ii, 1023 o; asking, in case of surprise, ii, 1280; for sentence, of capitally convicted woman, who is pregnant, ii, 1324. CONTINUANDO, defective, i, 388 (2) ; what, and form of, i, 394. alleging barratry by, iii, 103 (1). CONTINUING, when nuisance must be charged as, iii, 866 (2, 3). CONTINUING MALICE, presumption of, in murder, iii, 607. CONTINUING MOTIVE, as excluding confession, ii, 1239. 1923 CON CRIMINAL PROCEDURE. CONTINUING NUISANCE, voluntary abatement of, mitigates punishment, iii, 870. CONTINUING OFFENCE OR OFFENCES, how lay, i, 393-397; cor- respondence of proof and allegation in, 1, 402; election in, i, 460 (3). alleging time in, i, 388, 393-397, 402, li, 103 (1), 312, ii, 866 (2). CONTINUOUS L.ARCENY, (See Laecent.) how allege and prove time of, i, 397 (1), note, (2). "CONTRA PACEM," (See "Against the Peace.") CONTRACT, the scilicet in declaration on, i, 406 (3). how allege, in cheat, iii, 161; when not allege, in false pretences, iii, 166 (2). CONTRADICT, dying declaration, il, 1209 (3). CONTRADICT INDICTMENT, not, on motion to quash, Ii, 763 (1). CONTRADICT "WITNESS, (See Witness.) by doings before grand jury, ii, 858; competent to, ii, 1071 (1) ; deposi- tions to, ii, 1202. CONTRADICTIONS, defendants', about case, ii, 1252, 1253. CONTRADICTORY AND CONFUSED LANGUAGE, of courts as to indictment for murder in degrees, iii, 571-581. ■CONTRADICTORY OATHS, in perjury, Iii, 931. "CONTRARY TO ALLEGIANCE," whether allege, in indictment for treason, ii, 647 (1), iii, 1034. CONTRARY TO INSTRUCTIONS, verdict, must be received, iii, 642 (2). "CONTRARY TO STATUTE," conclusion of, in false pretence indictment, iii, 164. CONTROL OF COURT, grand jury under, ii, 868 (1). CONTROLLABLE, whether and how prosecuting officer, i, 292, 293 (1). CONVENIENCE, how governs procedure, i, 7 (3). CONVERSATION, CONVERSATIONS, between husband and wife, evi- dence, i, 1155; denying, to witnesses in waiting, ii, 1190 (2). as evidence against bawdy-house, iii, 116 (3, 4). CONVERSE, when juror not, with outside persons, ii, 994 (2), 997. "CONVEYING" INSTRUMENT FOR ESCAPE, in indictment for rescue, iii, 945 (2). CONVICT, complaint based on testimony of, at preUminary examination, 1, 232, note. CONVICTED OP CRIME, (See Peiob Conviction.) witness, since former testimony, ii, 1195. CONVICTED DEFENDANTS, whether, pay costs, ii, 1317 (2). CONVICTION, Can ie only on pursuing estailished forms, full, 1, 89-94. In general, lefore magistrate, full, ii, 716-727. one escaping after, may be brought back, i, 220 (4); whether bail 1924 INDEX. COR CONVICTION— coMtiMMed. after, i, 252 (3), 253 (2); whether or when judge may direct, ii, 977 (2) ; prior, discrediting witness, applied to testifying defend- ant, ii, 1185; arrest of judgment after, before sentence, ii, 1284; costs following, ii, 1317 (2). CONVICTION FOR CRIME, disqualifies witness, ii, 1137; lost record of ii, 1398 (2). CONVICTIONS ON COMPLAINT before magistrate, i, 152, i53. CONVICTIONS ON VIEW, whether, and what, i, 150. 151. COPY OF INDICTMENT, when formerly denied prisoners, i, 14 (1), 22; waiver of, i, 126 (1); furnishing prisoner with, ii, 959 o (1); trial on, if lost, ii, 1400. CORONER, information by, i, 143; may bind over for trial, i, 225 (2), 229 6; as conservator of peace, i, 229 6; may be petit juror, ii, 914; testimony before, when admissible at trial, ii, 1198-1200; whether depositions before, admissible at trial, ii, 1200; admissions before, ii, 1255, 1257 a. CORONER'S JUROR, whether competent as petit juror, ii, 914. "CORPORAL OATH," meaning of, iii, 913 (3). CORPORAL PUNISHMENT, (See Sentence.) Sentence to, and its incidents, full, ii, 1310-1312. cannot be judgment ' for, in prisoner's absence, i, 275 (2). CORPORATION, how allege, prove, and proceed against, ii, 682; bring- ing into court as defendant, ii, 950 a (3). how lay ownership of, in burglary, iii, 138 (5). in averment, iii, 455, 457; proof of corporate existence, iii, 456. how aver, as owner in larceny, iii, 718 (4). laid as owner, proof of, iii, 752 (2). proof of ownership in, iii, 850 (2). CORPSE, (See Dead Body — Sepultttke.) CORPUS DELICTI, Doctrine of, full, ii, 1056-1059. proof of, in larceny, iii, 739 (2), 741. CORRECT, sentence, ii, 1298. CORROBORATED OR NOT, confession, ii, 1244 (2). CORROBORATING, testimony of witness, ii, 1150; accomplice, ii, 1169 (2, 3), 1170 (1). CORRUPT, proof that testimony was. In perjury, Iii, 935 a. CORRUPT ACTS AND NEGLECTS, In office, procedure for, full, iii, 822-836. CORRUPTION, charging, in indictment for malfeasance in oifice, iii, 834. "CORRUPTLY," in perjury Indictment, ill, 922. 1928 COU CRIMINAL PROCEDURE. COST, _^ as element of value, ill, 751 (5). COSTS, Sentence to pay, full, ii, 1313-1321. prosecutor's liability for, ii, 691 (2), 693 (3); what, against joint de- fendants, ii, 1035 (2), 1325 (2). COUNSEL, (See Attorney — Pbocekding without — Pbosectjting.) Bight oj prisoners to have, full, i, 296-302. Appointment of, compensation, trial without, full, i, 303-307. General views of duty of, full, i, 309-313. when formerly denied prisoners, i, 14; the judges as, i, 14 (2); may defend both guilty and innocent, i, 94; presence of, at trial, i, 270, 272 (1) ; for prisoner, appointing and controlling, i, 282; queen's attorney, &c., as, in England, i, 300; how as to prosecuting officer with us, i, 302; whether before magistrate, ii, 726; continuance for absence or sickness of, ii, 951c (1); position of, in court-room, ii, 952-954; how defence by, ii, 962 (2, 3); arguing law to jury, ii, 986; of joint defendants after severance, ii, 1026; for defendants jointly indicted, ii, 1040; nqt exclude, from court-room, ii, 1190 (1); whether new trial for misdoings of, il, 1281. Insanity incapacitates to employ, iii, 666 (1). COUNSEL FOR DEFENCE, (See Defence — Defendant.) Rights and duties of, full, i, 309-313. Summings up at trial, full, ii, 974-975 B. opening by, to jury, ii, 972, 973. COUNSEL FOR PROSECUTION, (See Peosbctjtinq Offioee.) how, in England, ii, 962 (5)-964. COUNT, COUNTS, (See Bad— New— One— Sepaeate.) What and arranging indictment in, full, i, 421-431. Compelling election as to the, full, i, 455-458. how distinguished, i, 132 (1), note, 133 (2); meaning of, i, 421 (3); how, in joinder of offences, i, 449 and note; repugnancy between, ii,- 492; whether add new, to information, ii, 714 (1); quashing, when part bad, ii, 764; more than one, partial verdict, ii, 1010 (2, 3); entering verdict on particular, ii, 1014; good and bad, general verdict, how, ii, 1015, 1015 o. how verdict on several, in conspiracy, iii, 237. joinder of, in counterfeit coin, iii, 271 (3). joinder of, in disorderly house, iii, 277. Joining, for rape ^and for assault with intent, iii, 975 (1). 