Report of the Penal Code of Massachusetts: Prepared Under a Resolve of the Legislature, Passed on the 10th of February, 1837

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Dutton and Wentworth, 1844 - 378 páginas

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Murder
2
Murder in the first degree 4 Murder in the second degree
3
4 5 6 7 8 9 Malice 36 1º Privileged publications
4
Suicide
5
Justifiable homicide
6
Homicide by misadventure
7
Extenuated homicide
8
Incidental homicide CHAPTER VII
9
Incidental homicidewhen murder HOMICIDE
10
Incidental homicidewhen extenuated
11
Killing
12
Compelling to do an act likely to cause
13
14 15 16 17 18 Cheating in sales
14
Compounding for crimes
15
Preventing or suppressing evidence
16
Threats and intimidation
17
Other obstructions to the course of justice
18
Selling a pretended title
19
are parts of a dwellinghouse 20 21 22 23 24 25 26 Whose dwelling house a house
20
Warranty
21
Deceptively preventing the reclaiming of goods
22
The fraudulent obtaining of a signature
23
Right of action does not exclude indict ment
24
Conviction is not evidence in a civil suit
25
Answer or plea is not evidence
26
Time of breaking and entry
27
The property not changed
28
What is night
29
Degrees of burglary
30
Punishments
31
Attempts to commit burglary
32
Instigation to commit burglary
33
Conspiracy to commit burglary
34
Housebreaking
35
DUEL CHALLENGE 1 Engaging in a duel or challenging
Accepting a challenge
Assault defined
1
CHAPTER XI
SECTION
RAPE CARNAL ABUSE OF A CHILD ABDUCTION SEDUCTION
1
Entering a garden orchard c to take
2
Posting
3
death
CHAPTER III
1
Batteryassault and battery defined
2
Setting fire to a contiguous subject
3
Forcible injury by authority of
4
ROBBERY
How the force or fear must be taken ad vantage
2
Taking by force without intent to steal
3
The taking not known to the party robbed
4
Forcible injury in selfdefence
5
Forcible injury in defenceof ones property
6
Forcible injury in defence of another
7
Forcible injury in defence of anothers
8
property
9
Belief
11
Building comprising divers dwellings
12
Violent attempt of another crime
13
Where one voluntarily meets the robber
14
Pretence of purchase
15
Making compensation
16
Force or fear must be at the time of taking
18
Delivery on previous promise
19
20 21 22 There must be an adequate ground
20
of fear 23 24 25 Fear in what way excited 26 Fear of infamy 27 Fear of future injury 28 Presumption of fear 29 Attempt 30 Degrees 31 Punishment ...
1
counsel
6
Larceny defined
1
The subject must have value
2
The subject must be moveable
3
Part of the realty
4
CHAPTER XVII
5
The human body
6
Animals their young and their products
7
Writings
8
Thing must be owned and possessed
9
Proprietary and possessory ownership
10
Custody
11
Constructive possession
12
Ownership as to larceny
13
Testimony subject to be excluded
16
Statement need not be credited
17
Suppression must be intentional
18
Mistake
19
Subornation of perjury
20
Offering a forged authentication
21
Offering a forged document
22
Deceiving a witness
23
Making evidence
24
Degrees
25
Punishments
26
Embezzlement defined CHAPTER XVIII
1
A crime committed near the boundary
5
Whether the defence be proper is for the jury SECTION
9
Excessive violence
10
Injury in revenge or retaliation
11
GROSS CHEATS CONTENTS SECTION 1 Gross cheats specified 2 Cheat by a public officer
2
A false promise
11
Injury by mischance
12
Force used in making an arrest
13
Killing by exposure or neglect
14
Procuring an idiot or lunatic to kill
15
Occasioning death by false testimony
16
Personal property of one deceased
17
Occasioning death by inducing to a fatal
18
CHAPTER XIX
1
Extortion by threat to expose or impute deformity or disgrace
2
Extortion by threat to injure property
3
5 Forfeiture of lease of house of ill fame
5
6 Obscene books c to be destroyed
6
SECTION
7
VIOLATION OF SEPULTURE SECTION
Extorting signature
4
Extortion by a public officer
5
Extortion of fees
6
Attempt
7
Threat with intent to extort
8
Coconspirator a witness
9
Trivial offence
10
Degrees
11
Disinterring a body
1
Arresting a dead body
2
Making a highway through a cemetery
3
4 Stubborn children
4
5º Runaways 6 Drunkards
6
7 Nightwalkers
7
8 Persons of lewd behavior
8
Punishment CHAPTER XX
9
10 Idle spendthrifts
10
11 Persons selling spiritous liquors
11
Punishment SECTION CHAPTER XXIX
OBSTRUCTING AND PERVERTING THE COURSE OF JUSTICE SECTION 8 Refusal to serve process 9 Refusing assistance to an officer 10 Refusi...
1
Rescue
3
Aiding in escape or rescue
4
Officer permitting escape
5
Refusing to receive a prisoner
6
12 Pilferers
12
Affrayers disturbers of the peace SECTION
13
14 Petty thieves
14
15 Persons going to commit an offence
15
16 Persons having implements for com mitting offences
16
17 Persons having arms for committing offences
17
18 Punishment
18
dates for office
Defined
1
Receiving part of a thing
2
An act done to assert a right
7
Rescue of goods
11
14 Giving character
14
15 16 Criticisms
15
Intent of battery without the means
19
OFFENCES IN RESPECT TO THE CURRENT COIN SECTION 1 Coin defined
1
Counterfeiting defined
2
Receiving proceeds
3
The receiver need not intend gain
4
Goods received by one of the joint thieves
5
Receiving goods taken in another state
6
Giving the author 38 Publishing a common rumor 39 Abuse of privilege 40 Abuse not presumed 41 Justification by proof of the truth of a publicati...
1
Escape by negligence
7
Fraudulently detaining stolen goods
8
The owners assent to the possession
9
Receiving goods of jointowners
10
Receiving goods of the same owner at divers times
11
Punishment
12
20 21 22 Degrees
20
Warranty
21
Deceptively preventing the reclaiming of goods
22
Punishment
23
Right of action does not exclude indictment
24
Conviction is not evidence in a civil suit
25
Answer or plea is not evidence
26
Unlawful assembly
1
2 3 4 Rout
2
Presumption
3
Attempt of one crime under intent of
4
Riot
5
other
But one conviction for a cheat by conspiracy 28 The property not changed 29 Restitution
Mere preparation SECTION
5
Merger of attempt
6
Presumption of degree attempted
7
Instigation
8
Violence 8 Intent
7
Striking terror CHAPTER XXXIV
9
Lawfulness or unlawfulness of the objec
10
Proof of instigation
11
SECTION
magistrate
1
An aggravated affray SECTION 11 Unlawful coming together is not essential 12 Aiding or promoting 13 Remaining after order to disperse 14 Presu...
2
Impending violence
3
Punishment
4
REWARDS TO PROSECUTORS
SECTION SECTION
1
REPEAL OF LAWS FOR WHICH THIS CODE IS SUBSTITUTED

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Página 6 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...
Página 10 - Provided always, and be it enacted, that no building, although within the are part of a house for same curtilage with the dwelling-house, and occupied therewith, shall be deemed to be part of such dwelling-house for the purpose of burglary...
Página 2 - ... it shall be sufficient to allege in the indictment an intent to defraud, without naming therein the particular person or body corporate intended to be defrauded ; and on the trial of such indictment, it shall be sufficient, and shall not be deemed a variance, if there appear to be an intent to defraud the United States, or any state, county, city, town, or parish, or body corporate, or any public officer, in his official capacity, or any co-partnership or member thereof, or any particular person.
Página 6 - In case the charge, if true, will subject the party charged to an indictment for a crime involving moral turpitude, or subject him to an infamous punishment, then the words will be in themselves actionable...

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