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ing the facts), the matters so sworn to being material, and the oath of the said A. B. in relation to such matters, being willfully and corruptly false.

Smith's case, 103 Ala. 57; Walker's case, 96 Ala. 53; Hicks's case, 86 Ala. 30.

69. POISONING SPRING, ETC. §5329 (4076).

A. B. willfully or wantonly poisoned a spring of water in the yard of C. D., or a reservoir of water in the public square in the town of Tuskegee, etc.

70. RAPE. §5444 (3736).

A. B. forcibly ravished C. D., a woman, etc.
Myers's case, 84 Ala. 11.

71.

RECEIVING OR CONCEALING STOLEN GOODS. $5054 (3794).

A. B. did buy, receive, conceal, or aid in concealing, one watch, of the value of dollars, the personal property of C. D., knowing that it was stolen, and not having the intent to restore it to the owner, against, etc.

Burney's case, 87 Ala. 80; Burrage's case, 113 Ala. 108.

72. REMOVING DEAD BODY FROM GRAVE. §4644 (4023).

A. B. removed from the grave the dead body of C. D. from wantonness, or for the purpose of dissection or sale.

73. RESISTING OFFICER IN EXECUTING PROCESS. §5463 (3974).

A. B. did knowingly and willfully oppose or resist C. D., the sheriff of said county, in attempting to serve or execute a writ of execution, called a fieri facias, issued by the clerk of the circuit court of said county (or as the case may be, describing the process generally).

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A. B., C. D. and E. F., being unlawfully assembled, did demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, a dwelling-house.

75. ROAD OVERSEER NEGLECTING DUTY. §5395 (4129).

A. B., an overseer of a road precinct, failed to discharge his duties as such overseer.

76. ROAD APPORTIONER NEGLECTING DUTY. §5395 (4129).

A. B., a road apportioner of an election precinct, failed to discharge his duties as such apportioner.

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dollars,

A. B. feloniously took a gold watch, of the value of the property of C. D., from his person, and against his will, by violence to his person, or by putting him in such fear as unwillingly to part with the same.

36.

Thomas's case, 91 Ala. 34; Thompson's case, 106 Ala. 74; Reed's case, 88 Ala.

78. SELLING, REMOVING, OR CONCEALING PERSONAL PROPERTY COVERED BY LIEN OR CLAIM. §4757 (3835).

A. B., with the purpose to hinder, delay, or defraud C. D., who had a lawful and valid 'claim thereto, under a written instrument, lien created by law for rent or advances, or other lawful and valid claim, verbal or written, did sell or remove personal property, consisting of one bale of cotton (or other property, as the case may be), of the value of ten dollars, the said A. B. having at the time a knowledge of the existence of such claim.

79.

Upshur's case, 100 Ala. 2; Ellerson's case, 69 Ala. 1; Hill's case, 78 Ala. 1.

SELLING LIQUOR WITHOUT LICENSE, OR IN VIOLATION OF SPECIAL PROHIBITORY
LIQUOR LAWS. §5076 (4036), §5077 (4037).

A. B., without a license as a retailer, did sell spirituous, vinous, or malt liquors; or, A. B. sold spirituous, vinous, or malt liquors without a license, and contrary to law, against, etc.

Sills's case, 76 Ala. 92; Boon's case, 69 Ala. 226; Powell's case, Ib. 10; Robertson's case, 100 Ala. 123; Cost's case, 96 Ala. 60; Bogan's case, 84 Ala. 449; Block's case, 66 Ala. 493; Williams's case, 91 Ala. 14.

80. SELLING LIQUOR TO MINORS OR INTEMPERATE PERSONS. §5078 (4038). A. B. did sell or give spirituous, vinous, or malt liquors to C. D., a minor (or person of known intemperate habits, as the case may be). Spigener's case, 62 Ala. 383; Tatum's case, 63 Ala. 147; Freiberg's case, 94 Ala. 91; Heath's case, 99 Ala. 179.

81. SELLING OR GIVING LIQUOR TO PERSON OF UNSOUND MIND. §5079 (4039).

A. B., who kept vinous, fermented, or spirituous liquor for sale, did knowingly sell, give, or deliver such liquor to C. D., a person who was, or reputed to be, of unsound mind.

82. SELLING, GIVING, OR LENDING PISTOL, OR BOWIE-KNIFE TO BOY UNDER EIGHTEEN. §5355 (4096).

A. B. did unlawfully sell, give, or lend a pistol or bowie-knife, or other knife of like kind or description, to C. D., a boy under eighteen years of age, against, etc.

83. SODOMY AND BESTIALITY, OR CRIME AGAINST NATURE. §4642 (4020).

A. B., against the order of nature, carnally knew C. D.; or A. B., against the order of nature, carnally knew a certain beast, to wit, a cow, against, etc.

84. SOLICITING ORDER FOR LIQUOR TO BE SHIPPED INTO PROHIBITION DISTRICT. (5087.

A. B., within the limits of a district in which the sale of spirituous, vinous, or malt liquors was prohibited by law, did solicit or receive from C. D. an order for spirituous, vinous, or malt liquors to be shipped or sent into such district.

85. STREETS OF TOWN OUT OF REPAIR; INDICTMENT AGAINST MUNICIPAL AUTHORITIES. §5384 (4118).

A. B., C. D., E. F., G. H., etc., corporate officers of the town of Gadsden, a town duly incorporated under the laws of this state, the inhabitants thereof being exempt from working on the public roads, did allow a street therein, known as street (or, if the street is

not named, it may be described), to remain out of repair for more than ten days at one time, without a reasonable excuse therefor, against, etc.

Nowlin's case, 49 Ala. 41.

86.

SUNDAY LAW, VIOLATIONS OF; KEEPING OPEN STORE, ETC. §5542 (4045). A. B. unlawfully engaged in hunting or shooting (or gaming, or card-playing, or racing, as the case may be; or, being a merchant or shopkeeper, and not a druggist, kept open store, or did compel his child, or apprentice, or servant, in the alternative, as the case may be, to perform labor not the customary duties of daily necessity or comfort, or works of charity) on Sunday, against, etc.

A. B. was a tramp.

88.

87. TRAMP. $5629 (4048).

SAME; FOR ENTERING A DWELLING-HOUSE, ETC., OR THREATENING, ETC. §5630 (4049).

A. B., being a tramp, did enter the dwelling-house, or other building of C. D., without the consent of the occupant thereof (or did willfully or maliciously injure, or threaten to injure, a person therein; or, A. B., being a tramp, did injure, or threaten to injure, the real or personal property of C. D., or did demand of or order C. D. to deliver or surrender to him an article of value, as the case may be).

89. USING FIREARMS WHILE FIGHTING IN PUBLIC PLACE. §5353 (4094).

A. B., while fighting at a militia muster (or in a street of the city of Mobile), or at a public place, used, or attempted to use a pistol (or gun, as the case may be), not in self-defense, etc.

90. VOLUNTARY ESCAPE BY SHERIFF. $4699 (3990).

A. B., while sheriff of said county, having the legal custody of one C. D., who was charged with burglary (or indicted for robbery, as the case may be), voluntarily permitted the said C. D. to escape.

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A. B. voted more than once, or deposited more than one ballot as his vote for the same office (or, not being twenty-one years of age, unlawfully voted), at the last general election held in this state. (or the kind of election may be designated, as the case may be).. against, etc.

Gandy's case, 82 Ala. 61,

CHAPTER 162.

INQUESTS. 4924-4937.

4924 (4801) (3991) (4363) (812). Process of holding coroner's inquest; jury of inquest summoned by coroner.-When a coroner has been informed that a person has been killed, or suddenly died under such circumstances as to afford a reasonable ground for belief that such death has been occasioned by the act of another by unlawful means, he must forthwith make inquiry of the facts and circumstances of such death, by taking the sworn statement, in writing, of the witnesses having personal knowledge thereof; and if, upon such preliminary inquiry, the coroner is satisfied from the evidence that there is reasonable ground for believing that such death has been occasioned by the act of another, by unlawful means, he must forthwith summon a jury of six discreet householders of the county to appear before him forthwith at a specified place, and inquire into the cause of such death.

4925 (4802) (3992) (4364) (813). Oath of jury.-When five or more of the jurors appear, they must be sworn to inquire who the person was, and when, where, and by what means he came to his death; and to render a true verdict thereon, according to the evidence offered them, or arising from the inspection of the body.

4926 (4803) (3993) (4365) (814). Witnesses and surgeons summoned. The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as he may appoint; he must summon and examine as a witness any person who, in his opinion. or that of any of the jury, has any knowledge of the facts; and he may also summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death.

4927 (4804) (3994) (4366) (815). Service of subpoenas; proceedings against defaulting witnesses.-The sheriff or any constable must serve the subpoenas, or they may be served by the coroner; and if any witness, being subpoenaed, fails to attend," the coroner must indorse on the subpoena his default, sign his name thereto, and return the same to the clerk of the circuit or city court of

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the county, within five days thereafter; and such witness must be proceeded against in such court, in the name of the state, as if he was a defaulter therein; the indorsement of the coroner being presumptive evidence of the default.

4928 (4805) (3995) (4367) (816). Witness refusing to answer, misdemeanor.-Any witness, who refuses to answer any question in relation to the cause of such death, except on the ground that it may criminate himself, is guilty of a misdemeanor, and must be committed to jail by the coroner, unless he gives bail in the sum of five hundred dollars, to appear at the circuit or city court and answer such offense; and, on conviction thereof, must be fined not less than two hundred nor more than five hundred dollars, and may be imprisoned not exceeding three months.

4929 (4806) (4004). Coroner may administer oaths.-Coroners shall have the right to administer oaths to persons on preliminary examinations provided for by this chapter.

4930 (4807) (3996) (4368) (817). Verdict of jury.-After inspecting the body and hearing the evidence, the jury must render their verdict, and certify it by an inquisition in writing signed by them, setting forth who the person is, and when, where and by what means he came to his death; and, if the death was occasioned by the act of another, by unlawful means, who is guilty thereof; and if the person, means, or manner of his death, or the person by whose act he came to his death, are not discovered by the evidence, the inquisition must so state; and if there is no evidence tending to show that the deceased came to his death by the unlawful act of another, the inquisition must also state that fact.

4931 (4808) (3997) (4369) (818). Inquest returned to court; witnesses recognized, etc.--The inquisition thus taken must be returned by the coroner forthwith, together with the written statement under oath taken by him on the preliminary investigation, to the clerk of the circuit or city court of the county; and the coroner must also require all the material witnesses to enter into an undertaking to appear at the circuit or city court, if in session, and if not, at the next term thereof, and may require surety to such undertaking; and, on the failure of a witness to enter therein, may commit him until he enters into the same.

4932 (4809) (3998) (4370) (819). Warrant of arrest against supposed criminal; arrest, commitment, etc.-If the jury find that the deceased came to his death by the act of another, by unlawful means, the coroner may issue a warrant of arrest for such person, which may be executed in the same manner as provided in chapter 178, and the person, when arrested, must be brought before a magistrate of the county in which the inquest was held, who must proceed to examine the charge, and commit, bail, or discharge the defendant, as upon a warrant of arrest under the provisions of such chapter.

Warrant of arrest may be founded on coroner's inquest held by justice of peace.-Boynton's case, 77 Ala. 29.

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