oned in the county jail, or sentenced to hard labor for the county, for not more than twelve months, and may also be fined not more than five hundred dollars, at the discretion of the jury.* Indictment for carrying off timber in Code form sufficient, and need not allege intent to convert.-Brown's case, 100 Ala. 92. “Timber" includes "wood.” Ib. See also note to preceding section. 5051 (8791) (4812) (4138) (588). Description of animal stolen. In an indictment for the larceny of any animal, it is sufficient to describe the animal by such name as, in the common understanding, embraces it, without designating its sex. ed Feb. 7, 5052 (3792) (4362) (3709) (163). Judgment for value of stolen samendproperty on conviction of larceny and like offenses.-When the de- 1889, p. 80. fendant is found guilty of larceny, obtaining property under false pretenses, embezzlement and all offenses punishable like larceny, the court, justice or jury trying the issue, unless the property has been returned or the value thereof paid to the owner, must assess the value of each article, and such assessed value shall be made an item of costs in the case, and shall be paid in like manner as the other costs taxed against the defendant, and the clerk of the court shall issue a certificate to the owner of the property for the value of such property as assessed by the court or jury. But the amount of such assessed value must not be included in any bill of costs paid by the state, or for which a defendant is sentenced to hard labor. 5053 (3793) (4368) (3713) (167). Bringing stolen property into this state. Any person, who brings into this state any personal property which he has stolen elsewhere, must, on conviction, be punished as if he had stolen it in this state. (Form 20). Statute does not propose to punish for larceny in another state, but for bringing such property into this state.-Adam's case, 14 Ala. 490; Seay's case, 3 Stewart, 123. Taking must be such as to constitute larceny here; immaterial whether larceny or not in other state.-Spencer's case, 20 Ala. 24; Murray's case, 18 Ala. 727; Ham's case, 17 Ala. 188. And the larceny must be charged as if committed here.-Ham's case, 17 Ala. 188. Sufficiency of indictment. Alsey's case, 39 Ala. 664. Must be framed under the statute creating this offense, and not in form for larceny.--La Vaul's case, 40 Ala. 44. 5054 (3794) (4365, 4367) (3710, 3712) (164, 166). Buying, receiving, concealing, etc., stolen property.-Any person, who buys, receives, conceals or aids in concealing any personal property whatever, knowing that it has been stolen, and not having the intent to restore it to the owner, must, on conviction, be punished as if he had stolen it; and such offender may be tried and convicted, although the person who stole the property has not been tried and convicted. (Form 71.) Circumstances constituting the offense, and from which jury may justly infer guilt.-Adam's case, 52 Ala. 379. Indictment may charge conjunctively "receive and conceal," as well as disjunctively "receive or conceal."-Murphy's case, 6 Ala. 845. Must allege "not having the intent to restore" the goods, etc.-Sellers's case, 49 Ala. 357; Holt's case, 86 Ala. 599. Must allege name of owner with same certainty as in larceny, but need not allege whether thief has been prosecuted, or his name.-Murphy's case, 6 Ala. 845. Joinder of several counts, and with larceny.—See Oxford's case, 33 Ala. 416; Orr's case, 107 Ala. 35; Broughton's case, 105 Ala. 103. A sufficient form of indictment in Sellers's case, 49 Ala. 357. Evidence of receiving stolen goods.-Adam's case, 52 Ala. *As amended by joint committee. 379. The owner a competent witness.-Gassenheimer's case, 52 Ala. 313. And may testify what the value was to him.-Cohen's case, 50 Ala. 108. Proof of guilty knowledge.-Gassenheimer's case, 52 Ala. 313; Collins's case, 33 Ala. 434. Proper charge as to what may authorize conviction.-Ib. Possession of stolen goods, when sufficient to infer guilt of receiving, etc.-Adam's case, 52 Ala. 379; Martin's case, 104 Ala. 71. Punishment according to assessed value of property.-Cohen's case, 50 Ala. 109; De Bardelaben's case, Ib. 179. What facts necessary to support conviction.-Hester's case, 103 Ala. 83. Witness may testify that he knew that the goods in defendant's possession were the stolen goods by the marks on them.-Ib. Indictment charging receiving $200 in gold coin not sufficient.-Burney's case, 87 Ala. 80. If the larceny of the property concealed under the circumstances alleged would be a felony, the concealing it is also a felony.-Broughton's case, 105 Ala. 103. 5055 (3861). Taking or using temporarily any animal or vehicle of another without authority.-Any person, who unlawfully takes for temporary use, or uses temporarily, any animal or vehicle, without the consent of the owner, or person having control thereof, and without a bona fide claim of title thereto, must, on conviction, be fined not more than one 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; but no prosecution shall be commenced, or indictment found under this section, except upon complaint of the owner, or person having control of such animal or vehicle. Indictment must allege that the using was without the consent of the "person having the control thereof."-Blackman's case, 98 Ala. 77; Bellinger's case, 92 Ala. 86. Want of criminal intent, or belief that owner would not object, no defense.-Bellinger's case, 92 Ala. 86. Prosecution must be instituted by owner, but indictment need not show it.-Ib. 5056 (3862). Cutting loose or floating off logs or timber without authority.—-Any person, who, without authority of the owner, cuts loose and sets adrift any log or timber fastened to the bank of any navigable stream, or who runs or floats any log or timber of another into any creek, bayou, lagoon, or lake, with the intention of concealing or appropriating the same, must, on conviction, be fined not less than one hundred, nor more than two hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, not more than one year. 5057 (3863). Selling or disposing of floating logs or timber taken up unlawfully.--Any person, who takes up any floating logs or timber which are branded or marked, and sells or disposes of the same without the consent of the owner, or his agent, and without a compliance with the law touching the salvage of property taken adrift, must, on conviction, be fined not less than one hundred, nor more than two hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, not more than one year. 5058 (3864) (4364) (2479) (2087). Concealing, etc., property taken up adrift.-Any person, who conceals, destroys, injures, obliterates, or defaces any mark upon, or sells, or disposes of, or carries beyond the state, any property taken up adrift, before the expiration of the time allowed for the owner to prove his property, must, on conviction, be fined not less than one hundred dollars. 5059 (3865) (4363). Taking fish, without owner's consent, from artificial pond, lake, or trap.-Any person, who takes or catches any fish from a private artificial fish-pond or lake, or fish-trap, without the consent of the owner, must, on conviction, be fined not less than five, nor more than fifty dollars. 5060 (3866) (4440). Taking and carrying away oysters without consent of owner of bed.-Any person, who takes or carries away from any oyster-bed any oysters, without the written consent of the owner, must, on conviction, be fined not more than five hundred dollars, and imprisoned in the county jail, or sentenced to hard labor for the county, for not more than one year; one or both, at the discretion of the jury. 5061 (3867). Disposing of, or retaining without right, military property belonging to state.-Any person, who sells, purchases, retains, or has in his possession or custody, without right, any military property belonging to this state or any regiment or company of Alabama state troops, or who, after proper demand, refuses to deliver the same to any officer entitled to take possession thereof, is guilty of a misdemeanor; and any person belonging to the Alabama state troops, who, contrary to the lawful orders of the proper officer, retains in his possession or control any military property of the state, is guilty of a misdemeanor; and any commanding officer may take possession of such military property mentioned in this section, wherever the same may be found. 5062 (3868). Driving animal from lawful into an unlawful district, to be impounded.-Any person, who knowingly and willfully drives or carries any animal running at large in any district where it is lawful for such animal to run at large, into any other district where it is not lawful for such animal to run at large, with the intention that such animal shall be impounded, must, on conviction, be fined not less than ten, nor more than one 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. Necessary elements of offense.-Ghent's case, 96 Ala. 17. CHAPTER 168. LIBEL AND DEFAMATION. 5063-5066. 5063 (3771) (4106) (3553) (13). Libel.-Any person, who publishes a libel of another which may tend to provoke a breach of the peace, must be punished, on conviction, by fine and imprisonment in the county jail, or hard labor for the county; the fine not to exceed in any case five hundred dollars, and the imprisonment or hard labor not to exceed six months. A libel is whatever tends to injure character, or blacken reputation, or impute fraud, dishonesty, or moral turpitude, or reflects shame, or tends to put one without pale of intercourse.-Moody's case, 94 Ala. 42. 5064 (3772) (4805) (4132) (582). Indictment for libel.-An indictment for a libel need not set forth'any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter on which the indictment is founded; it is sufficient to state generally that the same was published concerning him, and the fact that it was so published must be proved on the trial. The indictment for libel must aver that it had a tendency to provoke a breach of the peace.-Moody's case, 94 Ala. 42; Reid's case, 53 Ala. 402. - 5065 (3773) (4107). Defamation. Any person, who writes, prints, or speaks of and concerning any woman, falsely and maliciously imputing to her a want of chastity; and any person who speaks, writes, or prints of and concerning another any accusation falsely and maliciously importing the commission by such person of a felony, or any other indictable offense involving moral turpitude, must, on conviction, be punished by fine not exceeding five hundred dollars, and imprisonment in the county jail, or sentenced to hard labor for the county, not exceeding six months; one or both, at the discretion of the jury. (Form 34.) That "B. M. had hired witness to swear lies in justice court" is indictable. Booker's case, 100 Ala. 30. Utterance of slanderous words on belief, or information and belief.-Ib. Affidavit alleging defendant did falsely and maliciously speak of and concerning J. W. R. in the presence of S. S., imputing the commission of a felony, is substantially defective, and will not support a conviction-Miles's case, 94 Ala. 106. See also Haley's case, 63 Ala. 83. If words spoken are false, naturally tend to the injury of the person defamed and were spoken recklessly, though without special ill will, a conviction may be had. Haley's case, 63 Ala. 83; Beal's case, 99 Ala. 234. 5066 (3774) (4108) (3554) (14). Refusal to testify by printer of libel or defamation. The printer or proprietor of any newspaper, hand-bill, advertisement, or libel, the publication of which is punishable under the preceding sections, who refuses, when summoned, to appear and testify before either the grand or petit jury, respecting the publication of such newspaper, hand-bill, advertisement, or libel (not having a good excuse, to be determined by the court), is guilty of a contempt, and also of a misdemeanor; and, on conviction of such misdemeanor, must be fined not less than twenty, nor more than three 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. 5067 (3707) (4640) (3949) (401). Offenses as to which there is no limitation.-There is no limitation of time within which a prosecution must be commenced for any public offense which may be pun ished capitally, or for murder in the second degree, manslaughter in the first degree, arson, forgery, counterfeiting, or any offense expressly punishable, under the provisions of this Code, as forgery or counterfeiting. 5068 (3708) (4641). Six years in conversion of state or county revenue.—A prosecution for conversion of the state or county revenue must be commenced within six years next after the conversion. 5069 (3709) (4642) (3950) (402). Five years in perjury and subornation of perjury.-A prosecution for perjury, or subornation of perjury, must be commenced within five years next after the commission of the offense. 5070 (3710) (4643) (3951) (403). Three years in other felonies. The prosecution of all felonies, except those specified in the preceding sections, must be commenced within three years next after the commission of the offense. Applies to burglary.--Hurt's case, 55 Ala. 214. 5071 (3711) (4644) (3952) (404). Twelve months in misdemeanors before circuit or county court.-The prosecution of all misdemeanors before the circuit, city, or county court, unless otherwise provided, must be commenced within twelve months next after the commission of the offense. Issuing a warrant charging false pretense, does not stop statute for offense of defrauding an employer, though for same act.-Jackson's case, 106 Ala. 136. Prosecution for escape from hard labor contract not barred until twelve months from escape.--Fuller's case, 97 Ala. 27. Issuing a warrant alone does not stop the running of the statute of limitations.-Giles's case, 88 Ala. 230; Martin's case, 79 Ala. 267; Bube's case, 76 Ala. 73. 5072 (3712) (4645) (3953) (405). Sixty days in prosecution before justice.—Prosecutions before a justice of the peace for offenses within his jurisdiction, unless otherwise provided, must be commenced within sixty days next after the commission of the offense. 5073 (3713). Thirty days in using temporarily personal property of another.-A prosecution for unlawfully taking or using temporarily the property of another must be commenced within thirty days after the commission of the offense. 5074 (3714) (4646) (3954) (406). Commencement of prosecution. A prosecution may be commenced, within the meaning of this chapter, by finding an indictment, the issuing of a warrant, or by binding over the offender. Ross's case, 55 Ala. 177; Molett's case, 33 Ala. 408; Foster's case, 38 Ala. 425. Giles's case, 88 Ala. 230; Martin's case, 79 Ala. 267; Bube's case, 76 Ala. 73. 5075 (3715) (4820) (4147) (597). Statute suspended in certain cases. When an indictment is lost, mislaid, or destroyed, or when the judgment is arrested, or the indictment quashed for any defect therein, or for the reason that it was not found by a grand jury regularly organized, or because it charged no offense, or for any other cause, or when the prosecution is dismissed because of a variance between the allegations of the indictment and the evidence, and a new indictment is ordered to be preferred, the time elapsing between the |