the court in which the trial is had, shall make and preserve a final record of the proceedings, in all respects as clerks of the circuit courts are required to do of trials had therein; and all laws applicable thereto are made applicable to final records and proceedings under this chapter. (Mar. 7, 1876, p. 277, § 14; Feb. 3, 1877, p. 126, § 1; Jan. 21, 1879, p. 155, §14.) 7119. (4881) (4834) (4061) Appeals to supreme court.From any final judgment or decision rendered by any circuit, city, or criminal court, in proceedings under this chapter, an appeal shall lie to the supreme court in favor of the unsuccessful party; and such appeal must be taken within ten days after judgment rendered, and shall be taken to the first day to which such appeal can be made returnable, and not afterwards; and notice of appeals shall be given as in other cases. Such appeal shall have precedence and priority of all other appeals. 7120. (4882) (4835) (4062) Security for costs. If the appeal be taken by the state in cases instituted in its name, by the attorney-general or solicitor, no security for costs shall be required. In all other cases, security for costs shall be he required as in appeals to the supreme court in civil causes; and such appeal shall not suspend the judgment of conviction. 7121. (4883) (4836) (4064) Amendments allowed; to what facts witnesses may testify.-In all cases instituted under the provisions of this chapter, any and all amendments, necessary to a trial of the cause upon its merits, shall be allowed; and witnesses may testify to any facts or circumstances within their knowledge, which may show or tend to show that the accused has been guilty of any of the offenses or delinquencies charged against him, or is incompetent, as the case may be; and, in like manner, the accused must have a similar right to introduce like evidence to show that he has not been guilty of the offenses or delinquencies charged against him, or that he is not incompetent, as the case may be. 7122. (4884) (4837) (4065) Duty of clerks in certifying vacancy in office on conviction.-It shall be the duty of the clerk of the supreme court, in all cases, when final judgment of conviction is rendered in that court, on appeal or otherwise. forthwith to certify the vacancy thus created to the appointing power, with a copy of the judgment; and, in like manner, the clerk of the circuit, city, or criminal court shall certify to the appointing power any final judgment of conviction rendered in such court, from which no appeal is taken. 7123. (4885) (4838) (4066) Extent of judgment; liability of accused to indictment.-No statute of limitation shall be valid as a bar to any of the proceedings provided for by this chapter; but the penalties in cases arising under the provisions of this chapter shall not extend beyond the removal from office, and the disqualification from holding office under the authority of this state for the term for which the accused was elected or appointed; but the accused shall be liable to indictment, trial, and punishment, as prescribed by law. 7124. (4886) (4839) (4067) Duty of grand jury; when report of grand jury transmitted to attorney-general.-It shall be the duty of every grand jury to investigate and make diligent inquiry concerning any alleged misconduct or incompetency of any public officer in the county, which may be brought to their notice; and if, on such investigation and inquiry, they find that such officer, for any cause mentioned in this chapter, ought to be removed from office, they shall so report to the court, setting forth the facts, which report shall be entered on the minutes of the court. If the officer so reported against is one of those included in section 174, article 7, of the constitution, the clerk of the court shall transmit a certified copy of such report to the attorney-general. If the officer so reported against is the presiding judge of the court, the report must not be made to the court, or entered on the minutes; and, in such cases, the report of the grand jury must be signed by the foreman, and countersigned by the solicitor of the circuit, who must transmit the same to the attorney-general. (Jan. 21, 1879, p. 155, § 21; Mar. 7, 1876, p. 277, § 21; Feb. 3, 1877, p. 126, § 1.) Sufficiency of report of grand jury.-Seawell's case, 64 Ala. 225; Savage's caso, 89 Ala. 1 (7 So. 7, 183). That the report was not made by twelve grand jurors, or was not founded on legal evidence, cannot be raised for the first time in the supreme court.-Savage's case, 89 Ala. 1 (7 So. 7, 183). 7125. (4887) (4840) (4068) Duty of attorney-general and solicitors. It shall be the duty of the attorney-general to institute proceedings under this chapter, and prosecute the same against any officer included in section 174, article 7, of the constitution, when the supreme court shall so order, or when the governor shall, in writing, direct the same, or when it appears from the report of any grand jury that any such officer ought to be removed from office, for any cause mentioned in the first section of this chapter. And it shall be the duty of the solicitor of the circuit to institute proceedings under this chapter, and prosecute the same against any officer included in section 175, article 7, of the constitution, when the circuit, city, or criminal court of the county shall so order, or when the governor, in writing, shall direct the same, or whenever it appears from the report of the grand jury that any such officer ought to be removed from office for any cause mentioned in the first section of this chapter. (Mar. 7, 1876, p. 277, § 22; Feb. 3, 1877, p. 126, § 1; Jan. 21, 1879, p. 155, § 22; Feb. 18, 1893, p. 677.) 7126. (4888) (4841) (4070) Proceedings when defendant has removed, absconded, or secreted himself.-If, in any case of proceedings for impeachment or removal from office under this chapter, the defendant has removed, absconded, or se creted himself, so that the summons cannot be served on him personally, the sheriff, or other officer to whom the summons is issued, shall serve the same by leaving a copy thereof at the office of the defendant, if known, or at his last place of residence; and the sheriff shall forthwith publish in some newspaper, published in the county, or if no newspaper is published in the county, then in the newspaper published nearest thereto, a copy of the summons and notice to the defendant where a copy thereof had been left for him. The sheriff shall make return of the summons as in other cases, stating the facts; and such service shall be as valid, to all intents and purposes, as personal service on the defendant; and if the defendant fails to appear pursuant to the summons, whether served personally or as provided by this section, the court shall cause the plea of not guilty to be entered for him, and the trial shall proceed as in other cases. IMPROVEMENTS, PUBLIC, MUNICIPAL (Political Code). 1359-1420 .6295-6300 CHAPTER 233. INCEST AND MARRIAGES, WHEN UNLAWFUL. 7127, 7128. 7127. By intermarriage or sexual in- 7128. On conviction, the marriage tercourse. annulled. 7127. (4889) (4013) (4187) (3601) (60) By intermarriage or sexual intercourse.-If any man and woman, being within the degrees of consanguinity or relationship within which marriages are declared by law to be incestuous and void, and knowing of such consanguinity or relationship, intermarry, or have sexual intercourse together, or live together in adultery, each of them must, on conviction, be imprisoned in the penitentiary for not less than one nor more than seven years. (Form 66 [54].) Section 4877 of Civil Code fixes or defines what is incestuous marriage. (Clay's Digest, p. 432, § 6; Feb. 8, 1877, p. 102.) Stepfather and stepdaughter are within the prohibited degree of relationship.-Tagert v. State, 143 Ala. 88 (39 So. 293). Statement of deceased member of family to prove pedigree.-Elder v. State, 124 Ala. 69 (27 So. 305); s. c., 123 Ala. 35 (26 So. 213). Indictment, charge as to relationship.-Ib. The man may be guilty though the facts make a case of rape.---Smith's case, 108 Ala. 1 (19 So. 306). If crime com mitted by force, victim not guilty.-Ib. Natural children are within the statute.-Morgan's case, 11 Ala. 289; Baker's case, 30 Ala. 521. Code form of indictment sufficient.-Baker's case, 30 Ala. 521. Defendant's confession of relationship admissible against him.-Morgan's case, 11 Ala. 289. 7128. (4890) (4014) (2673) On conviction, the marriage annulled.-On conviction for incest for marrying within the prohibited degrees, the court must declare such marriage null and void, and may require the parties to enter into recognizance, with sufficient sureties, that they will not thereafter cohabit. CROSS REFERENCES. INCEST AND MARRIAGES; WHEN UNLAWFUL (Civil Code). (Criminal Code) INCORPORATION OF MUNICIPALITIES (Political Code). INCORPORATIONS (Civil Code).. 4877 .7127, 7128 .1053-1069 .3445-3661 INDEBTEDNESS, BONDED, OF MUNICIPALITIES (Political Code) INDEMNITY FUND (Civil Code).. INDEXES (Civil Code)... 66 CONSTITUTION UNITED STATES (Political Code). pp. 174- 216 pp. 249- 268 41-AC-VOL. III Definition, Form and Contents. CHAPTER 234. INDICTMENTS. 7129-7161. ARTICLE 1. DEFINITION, FORM AND CONTENTS. 7129-7148. ARTICLE 2. ARTICLE 4. ALTERNATE AVERMENTS, AND JOINDER OF OFFENSES. 7149-7151. AMENDMENTS; NOLLE PROSEQUI; NEW INDICTMENT. 7155, 7156. ARTICLE 7. FORMS OF INDICTMENT. 7161. 7129. (4891) (3702) (4781) (4108) (558) Indictable offenses. All felonies and all misdemeanors, originally prosecuted in the circuit or city court, are indictable offenses. (Aikin's Digest, pp. 118-121; Clay's Digest, pp. 460-462.) All misdemeanors are indictable offenses.-Davis v. State, 141 Ala. 84 (37 So. 454). Legislative policy, as shown by the statutes as to indictments, is to divest indictment of mere formal averments but not to narrow the scope of the evidence which must support them.—Clarke v. State, 117 Ala. 1 (23 So. 671). Where defendant demands a jury trial in county court, he can only be tried thereafter by indictment.-Clark v. State, 46 Ala. 307. 7130. (4892) (4364) (4782, 4783) (4109, 4110) (559, 560) Definition; not distinguished from presentment.-An indictment is an accusation in writing presented by the grand jury of the county, charging a person with an indictable offense; the distinction between indictments and presentments is abolished. Indictment defined.-Lindsey v. State, 48 Ala. 169. Right to dispense with statement or indictment by agreement.-Carlisle v. State, 76 Ala. 75. |