A

ABATEMENT, forms of pleas of, 654, et seq.
nature of, 8.

Abduction, indt. for, 107.

Abortion, general nature of offence, 108, n.
requisites of indt. for, 108, 338, 366.
Indictments:

assaulting A. B. and thrusting an

instrument into her womb, she be
ing big, quick and pregnant, 108.
same, omitting averment of quick-
ness, 111.

same, merely averring pregnancy,
111.

assault on a woman quick with child,

so that she brought forth the child
dead, 112.

producing abortion by instrument,

under New York Rev. Stat., 113.
same, with medicine, under Indiana
stat., 113.

conspiracies to commit, 338, 366.
Abusing justice in discharge of duties, indt.
for, 567.

Accessaries, general requisites of indts.
against, 32.

time of trial and venire of, 32.
accessaries before the fact, who, 32.
accessaries after the fact, 32.
principals in first and second degrees,
34.

Indictments:

against accessary before the fact,
together with the principal, 32.
against an accessary before the fact,
the principal being convicted, 34.
against accessary after the fact, with
the principal, 35.

against accessary after the fact, the
principal having been convicted, 35.
against accessary before the fact
generally in Massachusetts, 35.
against accessary before the fact in
murder, at common law, 36.
against accessary before the fact in
murder, in Massachusetts, 36.
against an accessary for harbouring
a principal felon in murder, 36.

Accessaries, against an accessary to burglary
after the fact, 37.

against principal and accessaries
before the fact in same, 37.
against accessary before the fact to
suicide. First count, against sui-
cide as principal in the first degree,
and against party aiding him as
principal in the second degree, 37.
second count, against defendant for
murdering suicide, 38-66.

against a defendant in murder, who
is an accessary before the fact in
one county to a murder committed
in another, 39.

See for other forms of accessaries
to murder, &c., " Homicide."
against principal and accessary be-
fore the fact in larceny, 40.
against accessary for receiving stolen
goods, 40.

against accessary for receiving prin-
cipal felon, 41.

against accessary to piracy before
the fact, 618.

against accessary to piracy after the
fact, 619.

Acquit, see" Autrefois Acquit."
Addition, how to be set forth, 7.

plea that defendant has none, 655.
plea that defendant has a wrong one,
656.

Adultery, requisites of indt., 584.
indt. for, 584, et seq.
Affirmations of grand jury, how averred, 5.
Affray at common law, indt. for, 489.
Alabama, commencement and conclusion of
indt., 26.
Indictments in:

against principal in first and second
degree for mayhem in biting off

an ear, 105.

maliciously breaking prosecutor's
arm with intent to maim him, 106.
larceny of a slave, 200.
playing at cards, 444.
keeping a gaming table, 444.
against overseer for refusing to re-
pair road, 466,

violation of license laws, 476.

Minister."

Apprentice, abuse of, indt. against master

for, 529.

killing by hard treatment, 79.

Arkansas, commencement and conclusion
of indt. in, 31.

Armed, going to terror of people, &c., 494.
Arsenal of U. S., breach of peace in, indt.
for, 491.

Arson, general frame of indt. at c. law, 183.
requisites of indt. for, 183.
Indictments:

burning unfinished dwelling house
in Massachusetts, 185.
setting fire to building, whereby
dwelling house was burned, in
same, 185.

burning incomplete dwelling house,
in same, 185.

burning meeting house in Vermont,
186.

burning one's own house with intent

to defraud underwriters, 187.
conspiracy to burn vessel with intent
to defraud same, 187.
burning barracks of hay in Pennsyl
vania, 187.

burning stable in same, 187-8.

attempting to set fire to house in
Massachusetts, 187.

Assaults, general form of indt., 114.
requisites of indt. for, 114, n.
common assaults, 114.

cases where battery is no offence, 115.
Indictments:

common assault, 114.

assault without battery, 115.
assault and battery in Massachusetts,
115.

same in Connecticut, in information
with commencement and conclu-
sion, 116.

same in New York, with commence.
ment and conclusion, 116.
same in New Jersey, with commence-
ment and conclusion, 116.
same in Pennsylvania, with com-
mencement and conclusion, 117.
assault with a dog, 117.

assault and tearing prosecutor's hair,

117.

assaulting driver of chaise, and over-
turning chaise with wheel of cart,118
assault and beating out eye, 118.
assault and riding over person with
chaise, 118.

assault and administering cantha-
rides to prosecutor, 119.
assault by throwing infirm person on
ground, with intent to kill, 119.
assault and beating and wounding
on high seas, 120.

assault on same, by binding prosecu
tor, and forcing an iron bolt down
his throat, 120.

121.

setts stat., 126.

assault with intent to rob, against
two, 127.

another form for same, 127.

assault with intent to ravish, 127.
another form for same, 128.
same against two, 128.

same against a coloured person in
North Carolina, 128.

assault with intent to steal, 128.
assault with intent to obstruct the
apprehension of a party charged
with offence, indt. against, 509.
assaults on officers of justice, see
"Resistance to Officers of Justice."
assaults with attempts to commit
offences, see "Attempts," &c.
Assembly, unlawful, indt. for, 489.
Attempts to commit offences, how far in-
66
See
dictable, 604, n.
Assaults
with Intent," &c.

Indictments:

to commit offences generally in Mas-
sachusetts, 604.

to break and enter a dwelling, at
common law, 183.

to steal from a store by breaking into
it, 183.

to set fire to and break into house in
Massachusetts, 187.

to influence a witness corruptly, 324.
to entice a witness to withdraw from
the prosecution of a felon, 325-6.
to suborn a witness in a civil case in
Massachusetts, 327.

to induce a woman to swear a child
on another, 327.

to induce a witness to disobey a sub-
pœna to give evidence before the
grand jury, 328.

to excite insurrection by seditious
letter, 565.

to bribe member of House of Repre-
sentatives, 588.

to bribe constable, 593.

to commit arson, in New York, 605.
to set fire to house, at common law, 605.

Attempt to facilitate escape of prisoner, 605-6.
to entice U. S. soldier to desert, 653.
to keep keys, &c., with intent to

commit burglary, 607.

to administer poison with intent to
murder, 607.

For attempts to revolt, &c., see "Re-
volt."

Attorney, indt. against for buying notes, 528.
Auction, indt. for holding illegally, 588.
Autrefois acquit and convict, pleas of, requi.
sites of, forms of, 657.

B

BAIL, false representation of indt. for, 229.
Bank notes, forgery of, 154, et seq.

larceny of, 196, et seq.
Indictments:

passing when sham as a cheat at
common law, 227.

passing when sham on false pre-
tences, 249.

conspiring to pass same as a cheat

upon the public, 396.

same as a cheat upon an individual,
347.

Barrator, indt. against, 457.

Bastard child, birth of in secret, and mur-
der by choking, indt. for, 77.
birth of in secret, and murder by
throwing in privy, indt. for, 78.
birth of in secret, and murder by
strangling in linen cloth, 78.
birth of in secret, and murder by
strangling, in Pennsylvania, 79.
concealing death of by throwing in
well, indt for, 99.

same, not stating means of conceal-
ment, indt. for, 100.

same under English stat., 101.
Bastardy, see "Fornication and Bastardy."
Bathing publicly, indt. for, 451.
Bawdy house, sce

"Nuisance."

66

Disorderly Houses,"

Betting at election, indt. for, 598.

at horse race, indt. for, 598.

Bigamy, indts. for, 581, et seq.
requisites of, 581.

Billiard tables, &c., indt. against, 437.
Bill of particulars, see" Particulars."
Biting off the ear, indt. for, 105-6.

Blasphemy, indt. for, (see "Libel,” “ Pro-
fanity,") 570, et seq.

Breach of the peace, conspiracy to commit,
338. See "Riot."

Breach of prison, indt. for, 503.
Breaking windows riotously, indt. for, 490.
Breaking, into house, see " Burglary."
Indictments:

into house and frightening pregnant
woman, 216.

into close and cutting down tree, 223.
into close and pulling down fence,
215.

Bribe, attempt to, by letter, indt. for, 564.

Bribery of member of House of Representa-
tives, attempt to, indt. for, 588.

of constable, attempt to effect, indt.
for, 593.

of Judge of U. S., indt. for, 593.

at election, indt. for, 594.

of legislator, how far a misdemeanor,
588, n.

Bridges, nuisances to, 402.

indt. for obstructing, 402.
Buggery, see "Sodomy."
Burglary, general frame of indt. for (with
larceny), at common law, 180.
requisites of indt., 180-1.
Indictments:

burglary and larceny at common
law, 181.

burglary at common law without
larceny, 182.

breaking into shop not adjoining
dwelling house in night time, un-
der Massachusetts stat., 182.
general form of indt. in N. York, 182.
attempting to break into a dwelling

house at night, at common law, 183.
breaking into store with intent to
steal, at common law, 183.
accessaries after fact to burglary, 37.
breaking and entering vessel in night
time, in Massachusetts, 198.
same into dwelling house, &c., in
same, 198.

same into shop, &c., in same, 198.
keeping keys on hand with intent to
commit burglary, 607.
Burning, &c., see "Arson."
Burial, preventing, &c., indt. for, 480.
Burking, indt. for, 478-9.

Business, offensive, see "Nuisance."

C

CAPTAIN of vessel, indt. against for bringing
into port person with infectious dis-
ease, 531.

indt. against for not providing whole-
some food to passengers, 53.

indt. against for inflicting cruel and
unusual punishment on crew, 540.
See "Seamen."

Caption, general form of, 1.

requisites of, 1, et seq.

precedent of in U. S. courts, 2.

in New Jersey, 3.

in New York, 4.
in Vermont, 4.

Cards, playing with, see "Gaming.”
Carriers of letters, &c., misconduct by, see
"Post Office."

Challenging to fight at common law, indt. for,
600, for posting at common law, 550, 603.
Challenge, indt. for provoking another to send,
600.

writing and delivering at request of

third person, 601.

verbal, &c., indt. for, 601.

Challenge, giving in the presence of justice
of the peace, indt. for, 602.
sending, &c., in Pennsylvania, 602.
accepting, &c., indt. for, 602.
against second for carrying, &c., in
South Carolina, indt. for, 602.
being second in, &c., indt. for, 603.
Chancery, false swearing in answers at,
312-16.

Chastity, solicitation of indictable in this
country, 422.

Cheats, at common law generally, 224.
Indictments:

selling by false weight or mea-
sure, 224.

cheating by false cards, 226.

passing sham bank note, 227, 347-96.
obtaining goods by same, 227.
cheating by counterfeit letter, 228.
See "Secreting Goods," &c., "False
Personation," 66 Fraudulent Insol-

66

vency," Factors," False Pre-
tences."

Cock fighting, indt. for, 434, 441.
Coining, see "Forgery."

Coin of the U. S., debasing and diminishing,
indts. for, 175.

Collector of tolls, indt. against for extor-
tion, 525.

Coloured persons, gaming with, indt. in Ala-
bama, 444. See "Slaves."

Commissioner, indt. against for not repair-
ing road, 465.

Common scold, indt. against, 457.
Compounding felony, nature of offence, 514.

indt. for at common law, 514.
misdemeanor, indt. for, 515.
Compromises of criminal cases, how far per-
missible, 514.

Concealing death of bastard child, see "Bas-
tard Child."

Conclusion of indictment generally, 11.

in the federal courts and the courts
of the several states, 17, 97, 123.
Confining master, indt. for, 613.
Congregation, religious, disturbance of, indt.
for, 493-4.
Connecticut, commencement and conclusion
of indt. and information in, 20.
information in, for assault and bat-
tery and breach of peace, 116.
larceny of bank note in, 197.
Conspiracy, number of defendants necessary
in, 6, 332.

policy of the extension of offence, 330.
general definition of, 330-1.

how far its expansion consists with
the right of courts of equity to de-
mand a discovery under oath, 331.
Conspiracies to commit felonies, 332.
where merger exists, 333.

to commit misdemeanors, 333.
to violate the false pretence laws, 334.
to violate lottery laws, 336.

to violate laws making it penal in a
debtor to secrete his property with

intent to defraud his creditors,
338.

to commit breaches of the peace, 338.
to produce abortion, 338.

to publish forged notes, 339, 345-7.
seditious conspiracies, 339.

where bill of particulars may be de-
manded, 336, 340, 344, 351.

form of, &c., 351.

what rules are to be observed in draw-
ing indictments for conspiracies
where the object is not per se in-
dictable, 339-40.

names of parties injured, how to be
pleaded, 342.

overt acts, nature and effect of, 343-6.
Indictments:

to rob, 343.

to murder, 343.

to cheat prosecutor by divers false
pretences, 344.

to cheat by means of false pretences,
&c., in form and similitude of bank
notes, 345.

to cheat prosecutor by inducing him
to buy a bad note, 347.

to cheat by indirect means, with overt

acts charging false pretences, 349.
to cheat by false pretences, with overt
acts, &c., 351.

to obtain from prosecutors certain
goods under certain pretences,
354-5.

against officers of a bank, for conspi-

racy to obtain discounts by frau-
dulent means, 356.

against same, for conspiring to obtain
large quantities of notes belonging
to bank by fraud, &c., 359.
against same, for conspiring to ap.
propriate several bills of exchange,
360.

against same, for obtaining money
from the bank by means of false
entries and fictitious drafts, 361.
to cheat under pretence of being a
merchant, with overt acts, 362.
to sell lottery tickets, 363.
to entice a person to play at unlawful
games, 364.

to make a great riot, &c., 364.
to prevent by violence the introduc-
tion of the English language into
a church, 365.

to produce abortion, 366.
to escape (by prisoners), 367.
same, with overt act, 367-8.
to impose upon the public by the ma-
nufacture of spurious indigo, with
intent to sell the same as genuine
indigo, &c., 369.

to publish fraudulent bank notes, with
intent to cheat the public, 369.
to defraud the queen by fraudulently
removing goods subject to duties,
370.