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

Front Cover
Dutton and Wentworth, 1844 - 378 pages
 

Contents

SECTION SECTION
1
Murder
2
Murder in the first degree 4 Murder in the second degree
3
4 5 6 7 8 9 Malice
4
Suicide
5
Cheats endangering life or health
6
CHAPTER III
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 death
13
Killing by exposure or neglect
14
Procuring an idiot or lunatic to kill
15
Occasioning death by false testimony
16
Imputation of fraud
17
Occasioning death by inducing to a fatal
18
Selling a pretended title
19
Selling property subject to a secret lien
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
But one conviction for a cheat by con spiracy
27
The property not changed
28
Restitution
29
Attempt
30
Degrees
31
Punishment SECTION
33
DUEL CHALLENGE 1 Engaging in a duel or challenging
Accepting a challenge
SECTION SECTION
1
Annoyance to particular persons
4
Obstructing a highway or public place
5
Forcible injury in defence of ones property
6
Forcible injury in defence of another
7
Forcible injury in defence of anothers
8
SECTION
Detaining a child on claim of right
SECTION
4
Who is an inmate 3 4 What is a breaking 5 What is a breaking of an apartment 6 What is a constructive breaking 7 What is an entry 8 What act is bot...
SECTION
property
1
Robbery CHAPTER XVI
1
Larceny defined 2 The subject must have value 3 The subject must be moveable 4 Part of the realty CHAPTER XVII
1
Custody
11
Constructive possession
12
Ownership as to larceny
13
Wrecks cstrays and lost things
14
Wrongful possession
15
Possession by a thief
16
Personal property of one deceased
17
Embezzlement defined CHAPTER XVIII
1
Punishment
5
Whether the defence be proper is for
9
GROSS CHEATS CONTENTS SECTION 1 Gross cheats specified 2 Cheat by a public officer
2
A cheat prejudicing the public service
3
Cheats perverting the public justice
4
Cheating by conspiracy
5
Cheats endangering life or health
6
Cheating by false token or pretence
7
False pretence must be of a fact
8
Lotteries
9
Obscene publications
11
Second punishment not to be inflicted
12
Degrees
13
1 2 3 4 Punishments
14
Selling a pretended title 20 Selling property subject to a secret lien 21 Warranty
15
Deceptively preventing the reclaiming of goods 23 The fraudulent obtaining of a signature 24 Right of action does not exclude indictment 25 Convi...
17
Attempt 31 32 Degrees
18
40 Emptying vessels or repositories 41 Filling vessels or receptacles 42 Injuring by heat cold or fluids 43 Exposing others to physical suffering 44 Po...
2
grass
jury
1
CHAPTER XXVIII
3
Punishment SECTION
9
Excessive violence
10
Injury in revenge or retaliation
11
Where the means or the end are illegal 3 Where the act if done by one only is lawful 4 An act of either is that of all 5 Husband and wife 6 Prosecutio...
May be proved directly or circumstantially
Unlawful oaths 15 Compounding for crimes 16 Preventing or suppressing evidence 17 Threats and intimidation 18 19 Other obstructions to the cour...
1
Coconspirator a witness
9
Trivial offence
10
Degrees
11
Injury by mischance
12
Force used in making an arrest
13
Force used to prevent escape
14
15 16 17 Notice
15
Punishment
17
Force used in restraining a lunatic
18
OFFICIAL MISDEMEANORS 2 Wilfully deciding contrary to law and SECTION justice 3 Refusing to discharge duty SECTION
Defined
1
Receiving part of a thing
2
Receiving proceeds CHAPTER XX
3
The receiver need not intend gain
4
Goods received by one of the joint thieves
5
Receiving goods taken in another state
6
SECTION
10
Whose a dwellinghouse
13
Burning ones own dwelling
14
Burning of husbands house or property by the wife
15
Burning of the house or separate property of a married woman
16
Attempt to burn specified
17
Degrees of arson
18
Intent of battery without the means
19
Coin defined CHAPTER XXXII
1
Degrees
5
SECTION
1
Making mending or having instruments
6
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
SECTION
17
Punishments
21
20 21 22 Degrees
25
CHAPTER XXIV
1
2 3 4 Rout
2
Making a highway through a cemetery
3
Aiding in escape or rescue
4
Officer permitting escape
5
Refusing to receive a prisoner
6
Escape by negligence
7
Refusal to serve process
8
Punishment
9
Aiders are principals
10
Degrees 12 Punishments
1
Arresting a dead body
2
1 Strolling beggars 2º Jugglers 3 Fortune tellers CHAPTER XXXVIII
1
magistrate
3
for counterfeiting 7 Punishments
7
Repetition
8
Striking terror CHAPTER XXXIV
9
Lawfulness or unlawfulness of the object
10
Rescue of goods 12 Pretending to be an officer
11
SECTION
What is an affray
1
An aggravated affray CHAPTER XXXV
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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Page 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...
Page 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...
Page 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.
Page 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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