Adultery and Fornication-Agriculture and Industries. ried, conviction cannot be had under indictment charging adultery only.Smitherman's case, 27 Ala. 23. Competency of husband or wife as witness: The husband and wife held competent witnesses against a third party charged of adultery with the other, if indicted separately.-Pruett v. State, 141 Ala. 69 (37 So. 343). Verdict: The word "fine" in a verdict held a misprison for the word "fined," and self-correcting.-Pruett v. State, 141 Ala. 69 (37 So. 343). ADVANCES BY LANDLORD TO TENANT (Civil Code).... ADVERSE POSSESSION (Civil Code) ADVERTISEMENTS (Civil Code) AFFIDAVITS (Civil Code) 3767-3777 .4734-4746 .2830, 3846-3850 .5181-5192 4631 CHAPTER 158. AFFRAYS. 6222. 6222. (4311) (3764) (4101) (3548) (8) Punishment of affray. All persons guilty of an affray must, on conviction, be fined not more than five 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. CROSS REFERENCES. AFFRAYS (Criminal Code) (Form 4 [4].) .6222, 6308 .4808, 4809 AGRICULTURAL (Civil Code) .4798-4805, 4742, 4743 AGRICULTURAL AND MECHANICAL COLLEGE (Political Code).1899-1911 AGRICULTURAL EXPERIMENT STATIONS AND SCHOOLS (Political Code) AGRICULTURAL LABORER'S LIEN (Civil Code) AGRICULTURE AND INDUSTRIES (Political Code) .53- 69 .4794-4805 .14- 79 140, $7. 6223. Selling or transporting trees, shrubs, or bulbs infested Mar. 5, with disease, etc., penalty for.-Any person or corporation 1903, p. who shall offer for sale, or who shall sell, give away, or transport perennial plants, scions, buds, trees, shrubs, or vines or other plants, tubers, roots, cuttings, or bulbs, known to be infested with dangerously injurious insects or plant diseases, shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than ten nor more than one hundred dollars. 6224. Obstructing or hindering board of horticulture or Ib., § 8. their agents in discharge of duties; penalties for.-Any person who shall obstruct or hinder the board of horticulture or their agents in the discharge of the duties provided for by this Code shall be deemed guilty of a misdemeanor, and, upon conviction therefor, shall be fined not less than ten nor more than one hundred dollars. 6225. Selling or disposing of nursery stock without certifi- Ib., $11. cate.-Any person, firm, or corporation who shall sell, give away, or ship within the State of Alabama any trees or shrubs, or any other plants commonly known as nursery stock, without having a certificate of guarantee of the state horticulturist of Alabama, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than fifty nor more than one hundred dollars. 6226. Common carrier delivering package of shrubs, etc., Ib., § 13. without official tag or certificate.-Failure on the part of any transportation company or common carrier to conform to the requirements of the provisions of this Code relating to horticulture, shall be deemed a misdemeanor, and shall be punishable in each instance by a fine of not less than ten nor more than fifty dollars. Mar. 5, 1903, p. 140, § 14. Feb. 16, 1897, p. 1141, 00 1 and 8. 6227. Receiving package of shrubs, etc., without a certifi cate. Any person, firm, or corporation receiving from any other firm or corporation any box, bundle, or package of trees, shrubs, or plants commonly known as nursery stock, which is not accompanied by a certificate of guarantee, or official tag issued by the state horticulturist to cover said stock, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than one hundred dollars. 6228. Refusing to comply with lawful requirements of commissioner of agriculture and industries; penalty for.-Any person who fails or refuses to comply with any of the lawful requirements of the commissioner of agriculture and industries, or of the state horticulturist or the state board of horticulture, as provided for by law, after having been warned to do so, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred nor more than five hundred dollars. CROSS REFERENCES. AGRICULTURE AND HORTICULTURE (Criminal Code) ALABAMA BRYCE INSANE HOSPITAL (Political Code) .6223-6228 930 838-878 Mar. 4, 1901, p. 182, $9. (r.c.c.) CHAPTER 160. ALABAMA GIRLS' INDUSTRIAL SCHOOL, BOOKS OF. 6229. 6229. Withholding books of Alabama Girls' Industrial School from inspection of officers.-The secretary, treasurer, or other officers, agents, or servants of the Alabama Girls' Industrial School, or of any other state educational or governmental institution, who shall withhold any book or books belonging to said school from the inspection of any officer entitled to examine the same, shall be guilty of a misdemeanor. ARTICLE 1. MALICIOUS INJURY AND CRUELTY TO. 6230-6234. 6238-6242. 6230. (5090, 5091) (3869) (4408, 4420) (3733, 3738) (186, 191) Wanton or malicious injury to animals or other articles of value.-Any person, who unlawfully, wantonly, or maliciously kills, disables, disfigures, destroys, or injures any animal, or article or commodity of value, the property of another, must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property, nor more than five 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; and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured. (Form 71 [59].) Origin of statute.-Toulmin's Digest, p. 232. (Aikin's Digest, p. 113, § 73; Clay's Digest, p. 417, § § 5–7; Feb. 3, 1877, p. 136, § § 1, 2; Dec. 12, 1892, p. 183.) By statute in this state, offenses of the same nature belonging to the same family of crime, their mode of trial and nature of punishment being the same, may be joined in separate counts though punishable in different degrees of severity. Malicious Injury and Cruelty to. -Thomas v. State, 111 Ala. 51 (20 So. 617). Malice towards owner essential ingredient; else mere trespass.-Northcot's case, 43 Ala. 330; Hobson's case, 44 Ala. 380. Malice inferred from instrument used, and circumstances attending injury inflicted, etc.-Ib. 380; Hill's case, 43 Ala. 335. Malice to son of owner not sufficient.-Northcot's case, Ib. 330. Indictment must allege name of owner, or that it is unknown.-Pierce's case, 7 Ala. 728. Value need not be averred. Caldwell's case, 49 Ala. 34. Alleging injury of two animals conjointly, proof must show that both were injured at same time; but otherwise, if charged in different counts or disjunctively in same count.-Burgess's case, 44 Ala. 190; Thomas's case, 111 Ala. 51 (20 So. 617). When injury to two mules, caused by two shots fired about three minutes apart, election not required.-Busby's case, 77 Ala. 66. The offenses denounced by this section and § 6232 (5093) of the Code, may be joined; the rule against the joinder of offenses in different counts when punishment is not the same does not apply to misdemeanors.-Swanson v. State, 120 Ala. 376 (25 So. 213); Wooster v. State, 55 Ala. 217. Evidence circumstantial tending to show conspiracy sufficient to connect defendant with the offense.-Howser v. State, 117 Ala. 176 (23 So. 681). Evidence to show defendant was not present at time of crime.-Ratliff v. State, 122 Ala. 104 (26 So. 123). Declarations of defendant in the nature of confessions and also in the nature of inculpatory declarations admissible in evidence.-Meadows v. State, 136 Ala. 67 (34 So. 183). An indictment charging killing of two mules not supported by evidence of shooting one mule at one time and shooting another mule at a different time and place.-Meadows v. State, 136 Ala. 67 (34 So. 183). Habit of ox which was injured of breaking into field, not admissible.-Mims v. State, 141 Ala. 93 (37 So. 354). Indictment must allege value of the injury to the animal killed or disabled.-Dunklin v. State, 134 Ala. 195 (32 So. 666). Malice not necessary.-Johnson's case, 37 Ala. 457; Thompson's case, 67 Ala. 106; Tatum's case, 66 Ala. 465. Trespass to pursue and kill with dog animals in one's own field.-Thompson's case, 67 Ala. 106. Specific intent to kill, disable, or injure, unnecessary; sufficient if done unlawfully or wantonly.-Tatum's case, 66 Ala. 465. Indictment may aver ownership of property in different persons or names in different counts; when prosecutor put to an election.-Bass's case, 63 Ala. 108. Value of animal killed no bearing on question of guilt vel non.-Ashworth's case, 63 Ala. 120. When an indictment should aver value of property injured.-Garner's case, 8 Port. 447. A witness having testified as to shooting on one day, and then on another, the prosecution is not limited to the first shooting, but may elect to proceed for the second.-Jackson's case, 95 Ala. 17 (10 So. 657). A tender of full compensation for injury to animal, made before prosecution commenced, is a bar.-Roe's case, 82 Ala. 68 (3 So. 2). 6231. (5092) (3871) (4411) Same; trial and conviction; mitigation or justification.-Upon the trial, the defendant may prove in mitigation or justification, as the jury may determine, that, at the time of the injury, the animal killed or injured was trespassing upon a growing crop, inclosed by a lawful fence, or cultivated without a fence where stock laws prevail; and no conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered to the owner. (Feb. 3, 1877, p. 136, § 3.) Evidence in mitigation or justification of killing; also evidence of the establishment of stock law districts, etc.-Prince v. State, 140 Ala. 158 (37 So. 171). Where defendant was a tenant, evidence that his landlord instructed him to kill stock no defense.-Prince v. State, 110 Ala. 158 (37 So. 171). Where defendant is charged with killing three cows and the evidence showed that he killed two of them at one time and then and there followed the other and in about fifteen minutes thereafter killed her, held that it would support a conviction.-Prince v. State, 140 Ala. 158 (37 |