than one hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months. (Form 2.) Abandonment of wife or family, what constitutes.-Boulo's case, 49 Ala. 22. Personal dislike no excuse.-Ib. A common prostitute, to be vagrant, must have "no honest employment."-Ex parte Birchfield, 52 Ala. 377. A lewd woman, if a minor and supported by parents who have honest occupation, is not a vagrant.-Taylor's case, 59 Ala. 19. Common-law offense of keeping bawdy-house not repealed by this section.-Ex parte Birchfield, 52 Ala. 377. Sufficiency of indictment for abandoning family, etc.-Boulo's case, 49 Ala. 24. Of being common prostitute, etc.-Toney's case, 60 Ala. 97. Proof of character of female inmate of bawdy-house.-Ib. A complaint which follows the statute as to the constituents of the offense is sufficient.-Traylor's case, 100 Ala. 142 (Boulo's case, 49 Ala. 22, criticised). A husband may abandon his wife for a divorceable cause. Hall's case, 100 Ala. 86; Carney's case, 84 Ala. 7. Misconduct of wife after abandonment is not admissible, unless there was similar conduct before. Ib. The danger of the abandoned family becoming a burden to the public need not be immediate or imminent.--Carney's case, 84 Ala. 7. Abandonment is not excused by mere suspicion of wife's infidelity.-Ib. A witness cannot be compelled to testify whether or not he has had intercourse with the defendant.-Ex parte Boscowitz, 84 Ala. 463. The defendant's wife is not a competent witness against him.-Merriwether's case, 81 Ala. 74. Night-walking; constituents of offense.-Stokes's case, 92 Ala. 73; Williams's case, 98 Ala. 52. 5629 (4048). Being tramp; definition and punishment.-Any person, other than one who is blind or visibly unable to do manual labor, or other than one asking charity within the county in which he has had a known place of residence for six months next preceding, who goes from place to place, or house to house, begging or demanding food, raiment, or other thing, is a tramp, and must, on conviction of being such tramp, be fined, for the first offense, not less than fifty, nor more than two hundred dollars, and imprisoned in the county jail, or sentenced to hard labor for the county, for not less than six, nor more than twelve months; and, for each subsequent conviction, must be fined not less than one hundred, nor more than five hundred dollars, and imprisoned in the county jail, or sentenced to hard labor for the county, for not less than one, nor more than two years. (Form 87.) 5630 (4049). Tramp entering dwelling-house or threatening injury to person or property.-Any tramp, who enters any dwellinghouse or other building, without the consent of the occupant thereof, or who willfully or maliciously injures or threatens to injure any person therein, or who injures or threatens to do an injury to the real or personal property of another, or who demands of, or orders any person to deliver or surrender to him anything of value, must, on conviction, be fined not less than five hundred dollars, and imprisoned in the county jail, or sentenced to hard labor for the county, for not more than two years. (Form 88.) 5631 (4050). Tramp released on the payment of fine and costs. Any person, convicted under either of the two preceding sections, who pays in full the fine and costs of conviction, shall forthwith be released from the sentence, and discharged from custody. 5632 (4051). Prima facie evidence of being a tramp.-Acts of begging, vagabondage, or vagrancy, by one having no known residence within the county, are prima facie evidence that he is a tramp. INDEX TO VOL. II. ABATEMENT. SECTION Pleas in, must be verified.... 5264 of prosecution for misdemeanor when first commenced in county court or before justice..... 5267 Requisites of plea in such cases.. 5268 When plea in; not available on account defect in organization of grand jury.. 5269 Plea in, must be filed at first term.. 5270 Abduction, and forcible marriage or defilement of women. 4301 of girl under fourteen years for marriage or prostitution.. 4302 From other states, delivered up on demand of executive. 4778 Warrant of arrest issued by magistrate.... 4779 Arrest and commitment as in other cases 4780 Copy of indictment or other judicial proceedings conclusive evidence. 4780 Surrender to another state discretionary with governor, if prosecution pending here..... ABUSIVE, INSULTING OR OBSCENE LANGUAGE. SECTION Using near dwelling or in presence or hearing of family of occupant.. in presence of females...... 4306 4306 Before the fact; not distinguished from principals in felonies... 4308 4309 4309 ACCOMPLICES. Testimony of; must be corroborated to authorize conviction of felony. 5300 ACCUSED. Rights of, protected by constitution .....Const., Art. I., §§7, 8, 9, 10, 11, 12, 14. ADULTERATING CANDIES. Proof of insulting or abusive words, allowed in defense of.... 4345 ANIMALS. Grand larceny to steal certain animals............. 5049 What sufficient description of, in indictment... 5051 Temporarily using animal of another without consent of owner. Questions of law reserved by defendant, but not by state, by bill of exceptions 4312 When exception presumed on appeal................. 4312 Who may appeal from judgment of conviction... 4313 Party aggrieved by judgment in habeas corpus entitled to.. 4314 When state may appeal in habeas corpus.... 4314 APPEALS-Continued. SECTION Appeal suspends judgment in habeas corpus and defendant entitled to bail ex- State entitled to, when statute declared unconstitutional.. 4314 4316 Provisions of Civil Code relative to bills of exceptions, apply to criminal cases.. 4317 4319 4321 On standing mute or refusing to plead, plea of not guilty entered.. ARRESTS. People shall be secure from unreasonable seizures and searches, Const., Art. I., §6. By what officers made... ... By officer under warrant; how made.... without warrant; when and for what allowed. Duty and authority of officer in such case. 5262 5263 5209 5210 5211 5212 Authority of officer to pursue and arrest in another county. When defendant must be carried before magistrate issuing warrant.. 5223 Returns by mail taken from office by clerk; expenses paid by county. 5261 4371, 4372 ARSON, Pardons for, do not relieve from civil and political disabilities, unless specific- In first degree.... second degree Attempts to commit in first or second degree. Indictment for, when sufficient. In third degree... .Const., Art. V., §12. 4336 4337 4338 4339 4340 Burning insured house, vessel, or casting away or destroying boat or vessel.... 4341 ASSAULT. General assembly may dispense with grand jury in prosecutions for- Const., Art. I., 99. Pardons for assault with intent to commit rape shall not relieve from civil and With stick or cowhide, having deadly weapon to intimidate. To murder, maim, rob, ravish, or commit crime against nature.. ASSAULT AND BATTERY. General assembly may dispense with grand jury....... With stick or cowhide, having deadly weapon to intimidate. ASSUMING OFFICE ILLEGALLY. One ineligible, assuming office.... .Const., Art. I., §9. 4343 4344 4345 5153 ATTEMPTS. To poison or commit murder by means not amounting to an assault........... 4346 What indictment sufficient on such charge... To escape from penitentiary, hirer or guard. Verdict for, under indictment charging actual commission of the offense.. 5306 To procure abortion.... |