6210. (4301) (3743) (4309) (3666) (124) Forcible marriage, etc., of woman.—Any person, who unlawfully takes any woman against her will, and, by menace, force, or duress, compels her to marry him or any other person, or to be defiled, or who unlawfully takes any woman against her will with the intent to compel her, by menace, force, or duress, to marry him or any other person, or to be defiled, must, on conviction, be imprisoned in the penitentiary for not less than five years. (Form 34 [28].) (Aikin's Digest, pp. 102-126; Clay's Digest, p. 415, § 18.) 6211. (4302) (3744) (4310) (3667) (125) Taking girl under fourteen, from father, etc., for prostitution or marriage.—Any person, who takes any girl under fourteen years of age from her father, mother, guardian, or other person having the legal charge of her, for the purpose of prostitution, concubinage, or marriage, must, on conviction, be imprisoned in the penitentiary for not less than two years. (Clay's Digest, p. 415, § 19.) Admissibility of evidence and propriety of charges considered in the case of Boyett v. State, 130 Ala. 77 (30 So. 475). Prostitution defined-is more than enticing away for one act of illicit inter course.-Haygood's case, 98 Ala. 61 (13 So. 325). (269) Feb. 28, 1901, p. 145, § 1. 6212. (4303) (3745) (4322) (3688) (145) Decoying off or detaining children.-Any person, who unlawfully takes or decoys away any child with intent to detain or conceal it from its parents, guardian, or other person having the lawful charge of it, or who unlawfully detains any child from its parents, guardian, or other person having lawful charge of it, must, on conviction, be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than two years. (Form 39 [33].) (Clay's Digest, p. 415, § 20; Feb. 4, 1893, p. 244.) 6213. (4304) (3746) (4323) (3689) (146) Kidnapping.-Any person, who forcibly or unlawfully confines, inveigles, or entices away another, with the intent to cause him to be secretly confined, or imprisoned against his will, or to be sent out of the state against his will, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than ten years. (Form 68 [56].) (Clay's Digest, p. 415, § 24.) Gandy's case, 81 Ala. 68 (1 So. 35). 6214. Kidnapping with intent of obtaining money or property for release of person kidnapped.-Any person who foreibly or unlawfully confines, conceals, seizes, decoys, entices away, or inveigles any human being, or who aids or abets therein, or who causes any human being to be so forcibly or unlawfully confined, concealed, seized, decoyed, enticed away, or inveigled without this state, with the intent or purpose, express or implied, to extort, compel, demand, receive, or require the payment of money, or the conveyance or delivery of property, or other thing of value, for the release, surrender, return, or delivery up of the person so forcibly or unlawfully confined, concealed, seized, decoyed, enticed away, or inveigled, or so brought within this state, after having been forcibly or unlawfully confined, concealed, seized, decoyed, enticed away, or inveigled without this state, from such person, or from his or her friends or relatives, or any other person, shall be guilty of the offense of kidnapping under this section, and, on conviction, shall suffer death or imprisonment in the penitentiary for not less than five years, at the discretion of the jury trying the case. CROSS REFERENCES. ABDUCTION AND KIDNAPPING (Criminal Code) 6210-6214 2847 CHAPTER 152. ABORTION. 6215. 6215. (4305) (4022) (4192) (3605) (64) Attempts to procure abortion.-Any person who willfully administers to any pregnant woman any drug or substance, or uses or employs any instrument, or other means, to procure her miscarriage, unless the same is necessary to preserve her life, and done for that purpose, must, on conviction, be fined not more than five hundred dollars, and imprisoned in the penitentiary for not less than two, nor more than five years. (Clay's Digest, p. 431, § 2; Dec. 13, 1894, p. 131.) 6216. Making or certifying false and fraudulent abstracts of Feb. 15, title.-Any person who knowingly makes or certifies a false or 1899, p. 19. fraudulent abstract of title with intent to defraud is guilty of a misdemeanor, and must, on conviction, be fined not more than one thousand dollars and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, one or both, at the discretion of the jury. CROSS REFERENCES. ABSTRACTS (Criminal Code) ABSTRACT OF TITLE (Civil Code) 6216 3841 (r.c.c.) CHAPTER 154. ABUSIVE, INSULTING OR OBSCENE LANGUAGE. 6217. 6217. (4306) (4031) (4203) (3613) (76) Using obscene or insulting language in the presence of girl or woman, etc.—Any person who enters into, or goes sufficiently near to the dwelling house of another, and, in the presence or hearing of the family of the occupant thereof, or any member of his family; or any person who, in the presence or hearing of any girl or woman, uses abusive, insulting, or obscene language, must, on conviction, be fined not more than two hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months. (Form 3 [3].) Origin of statute.-Toulmin's Digest, p. 218, § 4. (Mar. 15, 1875, p. 240; Dec. 16, 1876, p. 134; Mar. 1, 1881, p. 30.) Not necessary that entire family should be present; in presence or hearing of two or more members thereof sufficient.-Bones v. States, 117 Ala. 146 (23 So. 485). "Family" ex vi termini means more than one.-Bones v. State, 117 Ala. 146 (23 So. 485). Jurisdiction of inferior court of Pike county of this offense; judgments of court without jurisdiction are nullities.-Wiley v. State, 117 Ala. 158 (23 So. 690). An affidavit charging that the defendant "did go sufficiently near to the dwelling house of a third party and in the presence or hearing of the family of the occupants thereof made use of abusive, insulting, or obscene language, has been committed by the defendant against the peace and dignity of the State of Alabama," though confusing and informal, held sufficient.-Dillard v. State, 137 Ala. 106 (34 So. 851). The prosecution may amend affidavit by a re-verification to meet the plea of misnomer.-Dillard v. State, 137 Ala. 106 (34 So. 851). The clerk of some courts have express authority to take affidavit to issue warrant.-Dillard v. State, 137 Ala. 106 (34 So. 851). Affidavit that affiant has reason to believe and does believe that the offense was committed is insufficient to support a judgment or conviction.-Sims v. State, 137 Ala. 79 (34 So. 400). The words "female" and "woman" are identical and synonymous.-Jackson v. State, 137 Ala. 80 (34 So. 611); Myers v. State, 84 Ala. 11 (4 So. 291). Evidence, witness not allowed to state that defendant used abusive or insulting epithet; it is for the jury to say whether the words used were abusive or insulting.-Jackson v. State, 137 Ala. 80 (34 So. 611); Carter's case, 107 Ala. 146 (18 So. 232). Witness may testify that woman was near enough to hear language; it is error for the court to charge jury that the maximum fine is not too excessive.-Rollings v. State, 136 Ala. 126 (34 So. 349). Jurisdiction is the power to hear and determine both as to subject-matter and person; jurisdiction of county courts of this offense is conferred by statutes.-Ex parte State, 71 Ala. 363. Constituents of the offense.-Benson's case, 68 Ala. 513. As to this offense before the present section, see Henderson's case, 63 Ala. 193; Ivey's case, 61 Ala. 58; Comer's case, 62 Ala. 320. Sufficiently near to be heard, regarded as in the presence.-Henderson's case, 63 Ala. 193. The words, "If you don't give up my pistol, I'll knock your brains out, by God,'' held sufficiently insulting.Benson's case, 68 Ala. 513. Meaning of dwelling house, whether house of wife or husband.-Bragg's case, 69 Ala. 204. Indictment need not set out the words used; sufficient to pursue language of the statute.-Yancy's case, 63 Ala. 141; Weaver's case, 79 Ala. 279. Nor is it necessary to prove that the words were |