gains access to her, and has carnal knowledge of her, must, on conviction, be punished, at the discretion of the jury, by death, or by imprisonment in the penitentiary for not less than ten years; but no conviction must be had under this section on the unsupported evidence of the woman. 7702. (5450) (3741) (4308) (3665) (123) Attempt to have carnal knowledge of married woman by such deception.-Any person who falsely personates the husband of any married woman, and thereby gains access to her with the intent to have carnal knowledge of her, must, on conviction, be fined not less 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 twelve months. 7703. (4741) (3823) Taking rebate or gratuity by state officer, or person employed by state government.-Any officer, agent, or person who may be empowered or authorized to purchase for the state, or any department of the state government, any property or thing of value, and who asks for, bargains for, demands, agrees to take, or receives, or takes from the seller of such property, directly or indirectly, any rebate, return, compensation, discount, or drawback, in money or anything of value, must, on conviction, be punished as if he had stolen it. (Form 89.) (Dec. 6, 1882, p. 7, § 1.) 7704. (4742) (3824) Same; by officer, agent, or servant of state institution.-Any officer, agent, or servant of the University of Alabama, the Alabama Polytechnic Institute, the Alabama Insane Hospitals, the Alabama Institute for the Deaf, the Alabama Academy for the Blind, or of any other corporation or institution to which is appropriated any of the publie funds of the state, who shall be authorized to buy any property of any kind for any such corporation or institution, and who asks for, bargains for, demands, takes, or receives, directly or indirectly, from the seller of such property, any rebate, discount, drawback, return commission, gift, or gratuity, must, on conviction, be punished as if he had stolen it. (Dec. 6, 1882, p. 7, § 2.) 7705. (4743) (3825) Same; by officer, agent, employe, or contractor of county, city, or town.-Any officer, agent, employe, or person of any county, city, or town, who may be authorized or employed to buy for such county, city, or town, or any department or office thereof, or who may be authorized, empowered, or employed to contract for, or let out any work, or to locate, superintend, or estimate for any work or construction, contract, or employment, and who asks for, bargains for, demands, or who takes or receives, directly or indirectly, from the seller of such property, or the contractor for such work, or the person who may be employed, or other person, any rebate, discount, drawback, return commission, gift, or gratuity, or a part or percentage of the profits of such contract or employment, must, on conviction, be punished as if he had stolen it. 7706. (4744) (3826) Same; by officer, agent, or servant of railroad, manufacturing, or mining corporation.—Any officer, agent, or servant of any railroad, manufacturing, or mining corporation, who is authorized or employed to buy any property, or who may be empowered to contract for, or let out. locate, superintend, or estimate for any work or construction for such corporation, and who demands, asks for, bargains for, agrees to take, takes, or receives, directly or indirectly, from the seller of such property or the contractor or other person, any rebate, discount, drawback, return commission, gift, or gratuity, must, on conviction, be punished as if he had stolen it. 7707. (4745) (3827) Same; by factor, commission merchant, broker, attorney, auctioneer, or agent.-Any factor, commis sion merchant, broker, attorney, auctioneer, architect, or agent, who is employed or authorized to sell the property of another, or to contract for, or to survey, locate, estimate for or superintend any work, and who demands, asks for, bargains for, agrees to take, takes, or receives, directly or indirectly, from the purchaser or contractor, or any person who is employed to store, move, handle, transport, insure, repair, or do any act or service in or about the taking care of, preserving, and marketing such property, any rebate, discount, drawback, return commission, gift, or gratuity, or who charges his principal on account of any one or more of the above enumerated services more than he actually paid therefor, or who buys any property or thing for his principal, and charges his principal more than he actually paid therefor, must, on conviction, be punished as if he had stolen it. (Dec. 6, 1882, p. 7, § 5.) CROSS REFERENCES. REBATES, DISCOUNTS, DRAWBACKS, ETC. (Criminal Code)....7703-7707 RECANTATION (Civil Code).. RECEIPTS (Civil Code)... RECEIVERS (Civil Code).. .3749, 3752 .6131-6136, 3973, 3974 RECEIVING EMBEZZLED PROPERTY (Criminal Code). RECEIVING STOLEN PROPERTY (Criminal Code)... .5726-5731, 2840 .6841, 6842 7329 1213-1229 .3367-3395 .556, 557 .3083, 3273, 5733, 5734 .5732-5745 .5858-5865, 3865, 4653 2361 .2313-2323 .5746-5759 .3157-3161 .1954-1970 .2340-2347 7708-7711 REFUNDING TAXES (Political Code)... REFUSING TO AID OFFICER (Criminal Code). REGISTER IN CHANCERY (Civil Code).. REGISTRAR (Political Code)... REGISTRATION (Political Code). .3070-3086, 6054 et seq. ..300 et seq. .300 et seq. .3368-3381 .3367-3395 ..300-330 .5371-5381 .3757, 4877, 4878 5459 .3974, 3753, 6049 .3613-3618, 4881-4883 RELEASE (Civil Code). RELIGION (Civil Code).. RELIGIOUS SOCIETIES (Civil Code). .3613-3618, 3622-3626 896 RESISTING AND REFUSING TO AID OFFICER IN MAKING ARREST. RELIGIOUS WORSHIP; DISTURBING (Criminal Code).. RELINQUISHMENT (Civil Code). REMAINDERS (Civil Code)... REMEDIAL WRITS (Civil Code). REMEDY (Political Code).... REMOVAL OF PRISONERS (Criminal Code). RENTS (Civil Code).... RENTING ON SHARES (Civil Code). REPEAL (Political Code)..... REPLEVIN (Detinue) (Civil Code). REPLEVY OF PROPERTY ATTACHED (Civil Code).. REPLICATION (Civil Code).. REPORTER OF SUPREME COURT (Civil Code) REPORTS OF SUPREME COURT (Civil Code) .6767-6769 .3818-3823 3420, 3385 et seq. 4864-4872 10 .6638, 6642-6644 .4731-4753, 3855 .4742, 4743 10 .3778-3792 2955-2957 .5338, 3116 5995-6015 .6007-6015 4292 .900-928 .7510-7516, 7653, 7654 6939-6953 6870 .290, 295 1556-1568 4452 CHAPTER 282. RESISTING OR OBSTRUCTING PROCESS AND REFUSING TO AID 7708. (5463) (3974) (4137) (3580) (39) Resisting officer in execution of process.-Any person who knowingly and willfully opposes or resists any officer of the state or county or municipality in serving, executing, or attempting to serve or execute, any legal writ or process whatsoever, or who resists any lawful arrest, whether under process or not, must, on conviction, be fined not less than fifty nor 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. (Form 92 [73].) Once punishable by receiving any number of lashes not exceeding thirtynine.-Toulmin's Digest, p. 212, § 34. (Aikin's Digest, p. 105, § 30; Clay's Digest, p. 430, § 20.) A general description in the process is sufficient, but a warrant charging merely a threatened breach of the peace, is void.-Howard v. State, 121 Ala. 21 (25 So. 1000). It is the duty of the officer to execute process given him unless void on its face; capias not void because indiet ment is void or because of improper indorsement upon the indictment.-Spear v. State, 120 Ala. 351 (25 So. 46). What is a sufficient description of the offense in warrant or capies.-Spear v. State, 120 Ala. 351 (25 So. 46). A special constable entitled to same protection as the regular constable; warrant designating a specific person as a special officer to execute writ; warrant not void because issued on Sunday.-Parish v. State, 130 Ala. 92 (30 So. 474). An officer de facto, a sufficient officer.-Heath's case, 36 Ala. 273; Cary's case, 76 Ala. 78; Floyd's case, 79 Ala. 39. What constitutes a de facto officer.-Ib. 273; Ib. 78. When and what resistance allowed to a levy on articles exempt.Johnson's case, 12 Ala. 840. When resistance a simple assault and battery.Jones's case, 60 Ala. 99. Indictment alleging offense to be after return-day of process, is defective.-McGehee's case, 26 Ala. 154. Sufficient to describe the officer resisted as a constable, or magistrate, or a justice of the peace, without alleging that he was at the time a constable or a justice of the peace.— Murphy's case, 55 Ala. 252. Alternative averments that the warrant was issued by a justice of the peace or a notary public, allowed.-Murphy's case, 55 Ala. 252. Conviction of this offense bars indictment for assault.-John son's case, 12 Ala. 840. A party may resist the taking of his property under process against a stranger.-Smith's case, 105 Ala., 130 (17 So. 107). One who voluntarily goes to an officer with process against him, and snatches it from the officer and refuses to allow it to be executed until his attorney can inspect it, is guilty.-King's case, 89 Ala. 43 (8 So. 120). A defendant who is arrested and carried before a magistrate, but escapes before commitment, may be rearrested under same process.-Floyd's case, 79 Ala. 39. A special deputy, appointed to execute the particular process, is protected.-Andrews's case, 78 Ala. 483, overruling dictum in Kavanaugh's case, 44 Ala. 399. 7709. (5464) (3975) (4138) (3581) (40) Refusal to aid in arrest for breach of the peace.-Any person who, being required by any justice or other conservator of the peace, upon view of any breach of the peace, or other offense proper for the cognizance of such officer, to apprehend or assist in apprehending the offender, and bring him before such officer, refuses or neglects to obey the command of such officer, must, on conviction, be fined not less than fifty nor more than three hundred dollars. 7710. (5465) (3976) (4139) (3582) (41) Refusal to aid officer in making arrest or executing process. Any person who, having been summoned or commanded by any officer, constable, or other officer having authority, to assist such officer in making an arrest or in executing any other duty devolving upon him under any law in relation to public offenses, refuses or neglects to obey such summons or command, must, on conviction, be fined not less than fifty nor more than three hundred dollars. It is no excuse that the person thinks it dangerous and futile to obey, but it is proper to submit these questions to the jury.-Dougherty's case, 106 Ala. 63 (17 So. 393). Policeman or town marshal has right to summon citizens.Martin's case, 89 Ala. 115 (8 So. 23). The necessity does not admit of delay; the citizen has no duty to inspect the process before obeying; is not responsible if there be no process.-Watson's case, 83 Ala. 60 (3 So. 441). 7711. (5466) (3977) (4140) (3583) (42) Resisting person aiding officer in execution of process.-Any person who assaults, beats, or resists a person not an officer, who is acting 57-AC-VOL. III. |