137 Ala. 60 (34 So. 854). Testimony of accomplice after conspiracy shown.— Hudson v. State, 137 Ala. 60 (34 So. 854). Declarations of person robbed, when admissible in evidence and when mere hearsay and not admissible.-Moses v. State, 88 Ala. 78 (7 So. 101). Dying declarations not admissible on trial for robbery. Moses v. State, 88 Ala. 78 (7 So. 101). Some property must be taken by violence from person robbed.-James's case, 53 Ala. 380; Jackson's case, 69 Ala. 249. Taking in presence of owner or possessor, same as taking from his person.-Croker's case, 47 Ala. 53; James's case, 53 Ala. 380. A person intrusted to help carry goods along with the owner and by violence carrying them off, may be guilty of robbery, his possession before the violence being constructive possession of owner.-Ib. While unexpectedly snatching goods is not robbery, yet if there be resistance overcome by force, or threats of actual violence creating a reasonable apprehension, it is robbery.-Jackson's case, 69 Ala. 249; Evans's case, 80 Ala. 4. Indictment may follow Code form; omission to charge felonious intent is fatal.-Chappel's case, 52 Ala. 359. Must contain distinct averment of value of property taken; what sufficient.-Jackson's case, 69 Ala. 249; Wesley's case, 61 Ala. 282. What insufficient description of money, banknotes, etc.-Croker's case, 47 Ala. 53; Wesley's case, 61 Ala. 282. Proof that property had a specific value immaterial; sufficient if of value to owner, and not worthless.-Jackson's case, 69 Ala. 249. See James's case, 53 Ala. 380; Wesley's case, 61 Ala. 282. May be a conviction of larceny under such indictment.-Allen's case, 58 Ala. 98; Morris's case, 97 Ala. 82 (12 So. 276); Thomas's case, 91 Ala. 34 (9 So. 81). If a gun is obtained by artifice without putting in fear, it does not constitute robbery, though after obtaining it the defendant points the gun at owner and tells him to run or he will shoot him.-Thomas's case, 91 Ala. 34 (9 So. 81), overruling James's case, 53 Ala. 380. The offense is against the person and property; against the person by violence or intimidation at the time of taking, against the property by "manucaption animo furandi."-Ib. Possession of the property by the person alleged to have been robbed, an hour or so before robbery, is admissible.—Bradley's case, 103 Ala. 29 (15 So. 640). The description of property, though unnecessary, must be proved as alleged.-Morris's case, 97 Ala. 82 (12 So. 276). Evidence, confessions, remarks of counsel; remarks of court; credibility of evidence.-Barddell v. State, 144 Ala. 54 (39) So. 975). Remarks of court held not objectionable; when question raised in proper manner.-Barddell v. State, 144 Ala. 54 (39 So. 975). Code form of indictment sufficient.-Toliver v. State, 142 Ala. 3 (38 So. 801). Evidence to further common design of conspiracy admissible.-Toliver v. State, 142 Ala. 3 (38 So. 801). Property stolen described as "one two bill lawful currency of the United States," is insufficient.-Watts v. State, 39 So. 455. Indictment alleging taking "from the person or possession" is defective as an alternative averment.-Hill v. State, 145 Ala. 58 (40 So. 654). 7747. (5480) Train robbery defined and punished.-Any person who enters upon or goes near to any locomotive engine or car on any railroad and, by threats or by the exhibition of a deadly weapon, or by the discharge of a pistol or gun in, upon, or near such engine or car, induces or compels any person on such engine or car to deliver up or allow to be taken from such engine or car, or from such person, any thing of value, is guilty of train robbery, and 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. (Feb. 18, 1895, p. 922, § 2.) 7748. (5481) Attempt to commit train robbery punished.Any person who stops, impedes, or detains, or attempts to stop, impede, or detain any locomotive engine or car, with 58-AC-VOL. III the intent to commit train robbery, must, on conviction, be punished by imprisonment in the penitentiary for not less than ten nor more than thirty years. (Feb. 18, 1895, p. 922, § 1.) 7749. (5482) Conspiracy to commit train robbery punished. --Any two or more persons, conspiring together to commit train robbery, must, on conviction, be punished by imprisonment in the penitentiary for not less than ten nor more than thirty years. SALES (Civil Code)... .2662-2665 SALE OF FARM PRODUCTS; REGULATED (Criminal Code). ....6878, 6879 SALES, FRAUDULENT OR VOID (Civil Code) ..3334-3337, 5222-5231, 5239-5252 .4287-4295, 3334-3346 SALESWOMEN AND FEMALE CLERKS (Criminal Code). SALT LANDS AND SPRINGS (Political Code).. SALVAGE (Civil Code). SAMPLING COTTON (Civil Code)... SANITARY REGULATIONS (Political Code)....... SANITORIUM FOR TUBERCULOSIS (Political Code).. .3223-3226 6857 .883-887 .5844-5857 .3730-3734 .697-792, 1302-1308 ..771-792 .4141, 4142, 4898, 4900 SCALES, WEIGHTS, MEASURES, ETC. (Political Code). SCHOLASTIC PERIODS (Political Code).. SCHOOL CHILDREN ELIGIBLE (Political Code). SCHOOL CENSUS (Political Code)...... SCHOOL DISTRICTS (Political Code). SCHOOL FUNDS (Political Code).... SCHOOL HOUSES (Political Code). SCHOOL LANDS (Political Code).. .1270, 2439 2361 1759 .1717, 1718 1755-1757 1691-1696 .1678-1688, 1760-1780 1975-1993 .1781 et seq. 7750. Stealing examination questions, penalty for.-Any person who purloins, steals, buys, receives, sells, gives, or offers to buy, give, or sell any examination questions or copies thereof of any examination provided by law before the date of the examination for which they had been prepared, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars, and may also be sentenced to hard labor for the county for not less than six months. Feb. 8, 1901, p. 114, § 9. (r.c.c.) Mar. 4, 1903, p. 167, § § 16 and 17: Aug. 13, 1907, p. 7751. Use of other than contract books in public schools. Any teacher who shall use or permit to be used in his or her school any text-book upon the branches for which text-books are adopted, where the commission has adopted a book upon the branch, other than the one so adopted, except supple- 773, 16. mentary books, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than ten dollars nor more than fifty dollars. Aug. 18, 778, § 16. 1907, p. 7752. Charging more than contract price for school books. Ib., § 18; -Any local agent, dealer, clerk, or other person handling or selling the books adopted as school text-books, who shall demand or receive for any copy of any of the books so adopted more than the contract price, in cases where the purchase is for cash, shall be guilty of a misdemeanor, and, upon conviction, shall for each offense be punished by a fine of not less than fifty nor more than five hundred dollars. 773, § 14. 7753. Text-book provisions; violation of, penalty.-Any Aug. 13, person or teacher violating the provisions of article 18 of 1907, p. chapter 41 of this Code as to text-books, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten dollars nor more than fifty dollars. 7754. Schoolhouse warrants or proceeds, wrongful applica- Mar. 2, tion of; penalty.-Any person who shall knowingly use or 1907, p. 174, § 6. Aug. 14, 1907, p. 754, § 3. apply or authorize the use or application of the proceeds, or any part thereof, of any warrant delivered to him under article 31 of chapter 41 of this Code, for the purposes or objects other than as required by said article, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than two hundred dollars 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. 7755. False or fraudulent enumeration of school children; penalty for. Any person appointed to make an enumeration of the children within school age of any public school district in this state as required by law, who shall knowingly make a false or fraudulent enumeration or report of the number of children within school age residing in such district, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, and shall also be sentenced to hard labor for the county for not less than six months nor more than twelve months. 7756. (5483) (4011) (4141) (3584) (43) Suing out search warrant maliciously and without probable cause.-Any person who maliciously, and without probable cause, procures a search warrant to be issued and executed, must, on conviction, be fined not less than twenty 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. 7757. (5484) (4727) (4005) (4376) (825) Definition of warrant.—A search warrant is an order in writing in the name of the state, signed by a magistrate, directed to the sheriff, or to any constable of the county, commanding him to search for personal property, and bring it before the magistrate. (Aikin's Digest, p. 115, § 11.) When, and only when, the warrant will issue. Ex parte Hurn, 92 Ala. 102, 111 (9 So. 515); Chastang's case, 83 Ala. 30 (3 So. 304). When affidavit and warrant void on face and no protection to officer.-Counts v. Harlan, 78 Ala. 551 7758. (5485) (4728) (4006) (4377) (826) On what ground issued.—It may be issued on any one of the following grounds: (1) Where the property was stolen or embezzled. (2) Where it was used as the means of committing a felony. (3) Where it is in the possession of any person with the intent to use it as a means of committing a public offense, or |