Malicious Injury and Cruelty to.

So. 171). Name of prosecutor need not appear on indictment, nor the record show that complaint was made by owner; yet, on motion and proof quashed if not shown that was found on necessary complaint.-Ashworth's case, 63 Ala. 120. Judgment rendered for whole amount of fine, in favor of etate for use of county as in other cases.-Bass's case, 63 Ala. 108. Justification under verbal license; if language ambiguous, left to jury to determine meaning of authority or license from owner to kill, etc.-Ashworth's case, 63 Ala. 120. Tender of compensation for the damage, what necessary.—Ib.; Roe's case, 82 Ala. 68 (3 So. 2). What necessary to be shown as a defense on ground of doing "damage to any growing crop."-Thompson's case, 67 Ala. 106.

6232. (5093) (3872) Cruelty to animals.-Any person, who overrides, overdrives, overloads, drives when overloaded, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or procures to be overridden, overdriven, driven when overloaded, tortured, tormented, deprived of necessary sustenance, cruelly. beaten, mutilated, or cruelly killed, any animal, and whoever, having the charge or custody of such animal, either as owner or otherwise, inflicts unnecessary cruelty upon the same, or fails to provide the same with proper food, drink, or protection from the weather, or cruelly drives the same when unfit for labor, must, on conviction, be fined not less than ten, nor more than one hundred dollars; but this section shall not be construed as prohibiting the dehorning of cattle. (Form 6.)

(Feb. 27, 1883, p. 187; Feb. 16, 1895, p. 697.) This section is not intended to punish an offense against the owner, but purely to prevent cruelty to animals, and to constitute the offense, the killing or injury must be attended with elements of cruelty; merely shooting a dog which produced death instantaneously, does not constitute the offense.-Horton v. State, 124 Ala. 80 (27 So. 468). The offenses denounced by § § 6232 (5093) and 6230 (5091) 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.

6233. (5094) (3873) Duty of law officer; lawful for any person to arrest; compensation; penalty.-It is the duty of any officer of the law, county or municipal, and it is lawful for any other person, to arrest and take before a justice of the peace, any person violating the provisions of the preceding section, and shall, upon conviction of the person arrested, be entitled to the sum of two dollars, which shall be taxed as part of the costs, and any officer herein named, who fails or neglects to arrest such offender, must, on conviction, be fined not less than ten dollars.

(Feb. 27, 1883, p. 187; Feb. 17, 1885, p. 156.)

6234. Unlawful or malicious killing of dogs.-Any person who unlawfully or maliciously kills, disables, disfigures, or injures any dog the property of another without good excuse, must on conviction be fined not less than one dollar nor more than one hundred dollars, and may also be imprisoned in the

Permitting Certain Animals to Run at Large.

county jail or sentenced to hard labor for the county for not more than six months.

SECTION.

ARTICLE 2.

PERMITTING CERTAIN ANIMALS TO RUN AT LARGE. 6235-6237.

SECTION.

6235. Permitting rabid dog to run at large.

6236. Permitting sheep-killing dogs or hogs to run at large.

6237. Failure to sequester horse or other animal having glanders or other fatal disease.

6235. (5357) Permitting rabid dog to run at large. Any person, who knowingly and willfully allows any dog belonging to him, or over which he has control, and which is rabid, or which he has good reason to believe has been bitten by a rabid dog, to run at large within six months thereafter, must, on conviction, be fined not less than fifty, nor more than five hundred dollars.

6236. (5591) (4171) (4405) Permitting sheep-killing dogs or hogs to run at large. Any person, who, owning or having in his possession, or under his control, any dog or hog known to worry or kill sheep, domestic fowls, or goats, who suffers such dog or hog to run at large, must, on conviction, be fined not less than five, nor more than fifty dollars.

(Feb. 26, 1881, p. 49; Apr. 8, 1873, p. 134.)

6237. (5358) Failure to sequester horse or other animal having glanders or other fatal disease.-Any person, having in his possession a horse or other animal afflicted with glanders or other fatal contagious or infectious disease, who fails to keep such diseased horse or other animal securely confined and away from all other animals, must, on conviction, be fined not less than five dollars nor more than fifty dollars; and is liable in civil action for all damages sustained by any person by reason of such failure.

(Feb. 28, 1887, p. 95.)

1903, P. 1

418, 0

and 2.

6238. Unlawful to buy or sell animals of the cow kind Oct. 10, between sunset and sunrise.—Any person, who shall sell or buy any cow or animal of the cow kind between the hours of sunset and sunrise shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty nor more than five hundred dollars, and may also be sentenced to hard labor for the county for a period not exceeding one year.

6239. (4762) (3839) Selling or exchanging "choking" horse (r.c.c.) or mule.-Any person, by himself or another, or as agent for another, who shall knowingly sell or exchange any horse or mule subject to the disease or affection known as "choking," or affected with glanders, or other fatal contagious or infectious disease, must, on conviction, be fined not less than one hundred nor more than five hundred dollars, and may also be sentenced to hard labor for the county for not less than three, nor more than six months; one-half of the fine shall go to the party injured. For each conviction under this section the solicitor shall be entitled to a fee of fifty dollars.

6240. (4761) (3838) (4356) Disposing of mare or jennet before price for foaling is paid.-Any person who, with a knowledge of the lien, sells, or otherwise disposes of any mare or jennet before the stipulated price for the service of any stallion or jack, for which a lien is given by law, is paid, must, on conviction, be fined not more than one hundred dollars. (Mar. 6, 1876, p. 174.)

6241. (4749) (3831) (4404) (3732) (185) Marking, or altering, or defacing brands of domestic animals with intent to defraud. Any person who, with intent to defraud, marks or brands any unmarked horse, mule, cow, hog, sheep, goat, or other domestic animal, the property of another, or alters or defaces the mark or brand of such animal, must, on conviction, be punished as if he had stolen it. (Form 5 [5].)

Once punishable by thirty-nine lashes well laid on or by standing in the pillory two hours.-Toulmin's Digest, p. 209, § 23; p. 101. (Aikin's Digest,

p. 108, 41, 42; Clay's Digest, pp. 420, 421, § § 27, 28.) Belongs to same family of crimes as larceny.-Howard v. State, 108 Ala. 571 (18 So. 813). Two distinct felonies charged in same count.-Howard v. State, 108 Ala. 571 (18 So. 813). The offense may be joined in separate counts with larceny of the same property.-Barnes's case, 103 Ala. 44 (15 So. 901); Howard's case, 108 Ala. 571 (18 So. 813). That the defendant honestly believed the property marked was his own property is a defense.-Ib. There cannot be two convictions on one trial.-Howard's case, 108 Ala. 571 (18 So. 813).

6242. (4750) Obtaining false and fraudulent registration of animal.-Any person who, by any false representation, obtains from any person, club, association, society, or company who edits, keeps, or publishes any stud-book, herd register, or record of the breeding of horses, cattle, sheep, swine, or goats, registration of any animal in such stud-book, herd register, or record, must, on conviction, be fined not less than fifty dollars nor more than five hundred dollars; and upon any subsequent conviction for such offense, must be sentenced to hard labor for the county for not more than three months.

(Feb. 10, 1887, p. 125.) .

CROSS REFERENCES.

ANIMALS (Civil Code)

66

.2832-2836

(Criminal Code).......7324, 7326, 7330, 7337, 6230-6242, 7874, 7148 ANIMALS AND FENCES (Civil Code)

.4240-4259 .3927-3957

3107 et seq.

4316

ANNEXATION OF WEST FLORIDA TO ALABAMA (Political Code).80, 81

ANIMALS RUNNING AT LARGE (Civil Code)

ANSWER (Chancery) (Civil Code)

ANSWERS IN GARNISHMENT (Civil Code)

APOTHECARY (Political Code)

.1618 et seq.

6243. (4312) (4508) (4978) (4302) (751) Questions of law reserved by defendant, by bill of exceptions.-Any question of law arising in any of the proceedings in a criminal case, tried in the circuit or city court, may be reserved by the defendant, but not by the state, except as otherwise provided in this chapter, for the consideration of the supreme court; and if the question does not distinctly appear on the record, it must be reserved by bill of exceptions, duly taken and signed by the presiding judge, as in civil cases; but it is not necessary to reserve an exception to the giving or refusal of a special charge asked in writing, nor to the ruling of the court upon a demurrer to an indictment or other pleading, nor to any ruling or action of the court which is required to appear of record; but in every such case an exception is presumed on appeal.

See Toulmin's Digest, pp. 480 et seq. for original statute. (Dec. 17, 1894, p. 126.) Common law writ of error and statutory appeal compared, contrasted; history of proceeding in this state, see Ex parte Knight, 61 Ala. 482. (Note.The commissioner desires to call special attention to the above case of Ex parte Knight. It is the fullest, most learned, and lucid exposi