Justices of the Peace, and Proceedings Before Them. 7759 [5486]-giving the name or description of the person, with a particular description of the property and place to be searched). Sworn to and subscribed before me, this A. B. day of (Signature and style of officer.) 19. Search Warrants-Form of Warrant. State of Alabama, County. S To any lawful officer of said county: Proof by affidavit having this day been made before me, A. B., that (stating the particular ground on which the warrant is sued out; or, if the affidavits are not positive, that there is positive ground for believing that, etc.), you are, therefore, commanded, in the daytime (or at any time of the day or night, as the case may be), to make immediate search on the person of C. D. (or in the house of C. D., as the case may be), for the following property (particularly describing it), and if you find the same, or any part thereof, to bring it forthwith before me, at (stating the place). Dated the day of Signature and style of officer. (Warrant must be executed and returned to the magistrate within ten days from its date, else void. Code, section 7768 [5495]. Receipt given for the property by the officer taking the same. Code, section 7767 [5494].) 20. Form of Mittimus or Commitment. (Code, section 7606 [5238].) State of Alabama, County. S To the jailer of county: On the examination of C. D., charged with the offense of burglary (or other offense, as the case may be, describing it by name, so that it may be clearly inferred), it appearing that such offense has been committed, and that there is sufficient cause to believe that C. D. is guilty thereof; you are, therefore, commanded to receive him into your custody, and detain him until he is legally discharged. E. F., Justice of the Peace. (or notary public, ex officio justice of the peace; or other magistrate, as the case may be.) Justices of the Peace, and Proceedings Before Them. 21. Witnesses-Subpoena. (Code, sections 4661, 4662 [2682, 2683].) State of Alabama, Į County. S To any lawful officer of said county: You are hereby commanded to summon G. H. personally to be and appear before me at on the day of and there remain until discharged by due course of law, to give evidence, and the truth to speak, in behalf of the plaintiff (or defendant) in a cause now pending before me, wherein A. B. (or the State of Alabama) is plaintiff and C. D. defendant; and have you then and there this writ, with your indorsement thereon. E. F., Justice of the Peace. (or notary public, ex officio justice of the peace.) 22. Witnesses-Oath in Criminal Cases. "You do solemnly swear (or affirm) that the evidence you shall give in the cause now pending, wherein the State of Alabama is plaintiff and C. D., the prisoner at the bar, is defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God." 23. Witnesses-Undertaking to Appear Before Higher Court to Testify for the State or Defendant. (Code, section 7610 [5242].) State of Alabama, County. We, G. H., J. K., and L. M., witnesses against (or for) C. D., charged with a public offense, do each agree to appear at the next circuit (or city) court of - county, to give evidence against (or for) him; and failing so to do, to pay the State of Alabama (or to the said C. D.) one hundred dollars. Dated this, the day of Taken by E. F., Justice of the Peace. (or notary public, ex officio justice of the peace.) G. H. J. K. L. M. 6746. Punishment of crime against 6747. Proof of crime against nature. nature. 6746. (4642) (4020) (4191) (3604) (63) Punishment of crime against nature.-Any person who commits a crime against nature, either with mankind or with any beast, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than ten years. (Form 104 [83].) (Clay's Digest, p. 432, § 7.) Indictment stating defendant, "as against the order of nature, attempted carnally to know a certain beast, to-wit, a cow," is sufficient.-Bradford's case, 104 Ala. 68 (16 So. 107). Confessions are prima facie inadmissible, and are never so without proof of the "corpus delicti' aliunde, though direct proof not required.-Bradford's case, 104 Ala. 68 (16 So. 107). Charge as to reasonable doubt and probability of innocence.Croft's case, 95 Ala. 3 (10 So. 517). 6747. (4643) (4021) (4896) (4194) (642) Proof of crime against nature.-To sustain an indictment for crime against nature, proof of emission is unnecessary. CHAPTER 200. DEAD BODIES AND GRAVES, OFFENSES CONCERNING. 6748-6753. 6748. (4644) (4023) (4193) (3606) (65) Removing dead body from grave.—Any person who, from wantonness, or for the purpose of dissecting, or sale, removes the dead body of any human being from its place of interment, must, on conviction, be fined not less than one hundred 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. (Form 91 [72].) 6749. (4645) (4024) (4194) (3607) (66) Same; exception as to physicians and surgeons.-Licensed physicians and surgeons, to whom the bodies of criminals executed for capital offenses are delivered pursuant to law, or to whom the bodies of other persons are delivered by or with the consent of the relatives, are not within the provisions of the preceding section. 6750. (4646) (4025) (4195) (3608) (67) Buying such dead bodies. Any person who purchases or receives from another the dead body of any human being, knowing it was disinterred contrary to law, must, on conviction, be fined not less. than one hundred nor more than five hundred dollars. (Clay's Digest, p. 482, § 40.) 6751. (4647) (4026) (4196) (3609) (68) Violating grave with intent to steal or remove dead body, etc.-Any person who opens any place of interment, with intent to remove the dead body of any human being for the purpose of selling or dissecting it, or with intent to steal the coffin, or any part thereof, or the vestments, or any other article interred with the body, or for the purpose of obtaining money or anything of value from the relatives or friends of the deceased for the return of the body, or for malice, revenge, or ill will towards the deceased, or his or her friends, must, on conviction, be imprisoned in the penitentiary for not less than one nor more than five years. (Feb. 12, 1879, p. 71.) 6752. (4648) (4027) (4197) (3610) (69) Mutilating dead bodies. Any person who wantonly mutilates the dead body of any human being, must, on conviction, be fined not 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 one year; but the provisions of this section do not apply to dissections by physicians and surgeons. 6753. (4649) (4028) (4198) (3611) (70) Defacing tombstone, trees, shrubbery, etc.-Any person who willfully or maliciously injures, defaces, removes, or destroys any tomb, monument, gravestone, or other memorial of the dead, or any fence or inclosure about any tomb, monument, gravestone, or memorial, or who willfully destroys, removes, cuts, breaks, or injures any tree, shrub, or plant, within such inclosure, must, on conviction, be fined not less than one hundred 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 one year. DEAD BODIES AND GRAVES, OFFENSES CONCERNING (Criminal ...6748-6753 DEAF, DUMB, AND BLIND (ALABAMA INSTITUTE FOR THE |