Forms of Indictment. 102. (81) Selling or giving liquor to person of unsound mind. Sec. 7355 (5079). A. B., who kept vinous, fermented, or spirituous liquor for sale, did knowingly sell, give, or deliver such liquor to C. D., a person who was, or reputed to be, of unsound mind. 103. (82) Selling, giving, or lending pistol or bowie knife to boy under eighteen. Sec. 6896 (5355). A. B. did unlawfully sell, give, or lend a pistol or bowie knife, or other knife of like kind or description, to C. D., a boy under eighteen years of age, against, etc. 104. (83) Sodomy and bestiality, or crime against nature. Sec. 6746 (4642). A. B., against the order of nature, carnally knew C. D.; or A. B., against the order of nature, carnally knew a certain beast, to wit, a cow, against, etc. 105. (84) Soliciting order for liquor to be shipped into prohibition district. Sec. 7362 (5087). A. B., within the limits of a district in which the sale of spirituous, vinuous, or malt liquors are prohibited by law, did solicit or receive from C. D. an order for spirituous, vinous, or malt liquors to be shipped or sent into such district. 106. (85) Streets of town out of repair; indictment against municipal authorities. Sec. 7729 (5384).. A. B., C. D., E. F., G. H., etc., corporate officers of the town of. Gadsden, a town duly incorporated under the laws of this state, the inhabitants, thereof being exempt from working on the public roads, did allow a street therein, known as street (or, if the street is not named, it may be described), to remain out of repair for more than ten days at one time, without a reasonable excuse therefor, against, etc. Nowlin's case, 49 Ala. 41. .107. (86) Sunday law, violation of; keeping open store, etc. Sec. 7814 (5542). A. B. unlawfully engaged in hunting or shooting (or gaming, or card playing, or racing, as the case may be; or, being a merchant or shopkeeper, and not a druggist, kept open store, or did compel his child, or apprentice, or servant, in the alternative, as the case may be, to perform labor not the customary duties of daily necessity or comfort, or works of charity) on Sunday, against, etc. Keeping store open on Sunday.-Jebeles v. State, 131 Ala. 41 (31 So. 377). Forms of Indictment. 108. (87) Tramp. Sec. 7847. (5629). A. B. was a tramp. 109. (88) Same; for entering a dwelling house, etc., or threatening, etc. Sec. 7848 (5630). A. B., being a tramp, did enter the dwelling house, or other building of C. D., without the consent of the occupant thereof (or did willfully or maliciously injure, or threaten to injure, a person therein; or, A. B. being a tramp, did injure, or threaten to injure, the real or personal property of C. D., or did demand of or order C. D. to deliver or surrender to him an article of value, as the case may be). 110. Trespass after warning. Sec. 7827 (5606). A. B., without legal cause or good excuse, entered into the dwelling house or on the premises of C. D., after having been warned within six months preceding not to do so; or, A. B., having entered into the dwelling house or on the premises of C. D., failed or refused, without legal cause or good excuse, to immediately leave upon being ordered or requested to do so by C. D., or the person in possession, his agent or representative. 111. (89) Using firearms while fighting in public place. Sec. 6895 (5333). A. B., while fighting at a militia muster (or in a street of the city of Mobile), or at a public place, used, or attempted to use a pistol (or gun, as the case may be), not in self-defense, etc. 112. Vagrants. Sec. 7843 (5628). A. B. was a vagrant. 113. (90) Voluntary escape by sheriff. Sec. 6858 (4699). A. B., while sheriff of said county, having the legal custody of one C. D., who was charged with burglary (or indicted for robbery, as the case may be), voluntarily permitted the said C. D. to escape. 114. (91) Voting illegally. Sec. 6788 (4692). A. B. voted more than once, or deposited more than one ballot as his vote for the same office (or, not being twenty-one years of age, unlawfully voted), at the last general election held in this state (or the kind of election may be designated, as the case may be), against, etc. Gandy's case, 82 Ala. 61 (2 So. 465). Indictment need not be signed by solicitor.-Teague v. State, 144 Ala. 42 (40 So. 312). Defendant has no constitutional right to bill of particulars, showing the time, place, or name of person to whom sale was made.-Jones v. State, 136 Ala. 118 (34 So. 236). All that is required of indictment in this state is that it follow a given form if there be such, and if it charge a statutory offense and there be no form, to follow language of the statute.Sellars v. State, 49 Ala. 357. A conviction on a charge not made by indictment, or other form than authorized by statute for beginning a prosecution is void.-Clark v. State, 46 Ala. 307. An indictment fatal on demurrer is also fatal in arrest of judgment.-Benjamin v. State, 121 Ala. 26 (25 So. 917). Indictment need not allege where or when the homicide took place; the Code form is sufficient.-Burton v. State, 141 Ala. 32 (37 So. 435). Indictment for buying or selling cotton in seed contrary to statute.-Grattan v. State, 71 Ala. 344. Indictment for trading in farm products between sunset and sunrise.Russell v. State, 71 Ala. 348. Code forms and the statutes generally are intended to supplant verbal averments used at common law; tested by common law principles they are wanting in many material averments, yet they are sufficient.-Wilson v. State, 61 Ala. 151. Where a statute creates a new offense unknown to the common law, and describes its constituents, it is sufficient to charge the offense in the language of the statute.-Wilson v. State, 61 Ala. 151. Aiding escape by conveying instrument to prisoner.-Wilson v. State, 61 Ala. 151. Indictment for defaulting witnesses before grand jury.-Drake v. State, 60 Ala. 62. Directions and cautions by supreme court as to the drawing of indictments by solicitor.-Nordan v. State,. 143 Ala. 13 (39 So. 406). Law prescribing forms of indictment not prohibited; sufficiency of accusation; forms allowed abridging and simplifying common-law forms.— Noles's case, 24 Ala. 672; Elam's case, 25 Ala. 53; Burdine's case, Ib. 60; Sherrod's case, Ib. 78; Thompson's case, Ib. 41; Salomon's case, 27 Ala. 26; Schwartz's case, 37 Ala. 460; Bowles's case, 46 Ala. 204; Johnson's case, 46 Ala. 212; Bryan's case, 45 Ala. 86; Wesley's case, 52 Ala. 182; Danner's case, 54 Ala. 127; Bradford's case, 54 Ala. 230; Sandy's case, 60 Ala. 58; Spigener's case, 62 Ala. 383; Smith's case, 63 Ala. 55; McCullough's case, Ib. 75; Haley's case, Ib. 89; Tatum's case, Ib. 147; Phillips's case, 68 Ala. 469; Billingslea's case, Ib. 486; Pace's case, 69 Ala. 231 (affirmed, 106 U. S. 583); Andrew's case, 78 Ala. 483; Bogan's case, 84 Ala. 449 (4 So. 355); McGuff's case, 88 Ala. 147 (7.So. 35); Linton's case, Ib. 216 (7 So. 261); Huffman's case, 89 Ala. 33 (8 So. 28); Williams's case, 91 Ala. 14 (8 So. 668); Rosson's case, 92 Ala. 76 (9 So. 357); Reeves's case 95 Ala. 31 (11 So. 158); Walker's case, 96 Ala. 53 (11 So. 401); Leonard's case, 96 Ala. 108 (11 So. 307); Watt's case, 97 Ala. 72 (11 So. 901); Thompson's case, 106 Ala. 67 (17 So. 512); Espalla's case, 108 Ala. 38 (19 So. 82). Indictment charging an attempt to commit larceny, not stating particular acts, is sufficient.—Jackson's case, 91 Ala. 55 (8 So. 773). And so. of an attempt to commit crime against nature.— Bradford's case, 104 Ala. 68 (16 So. 107). Not sufficient to pursue form in Code, if form defective in description of the offense.-Bryan's case, 45 Ala. 86. Code form of indictment sufficient.-Johnson v. State, 142 Ala. 1 (37 So. 937). Confession not sufficient to support conviction without proof of corpus delicti.-Johnson v. State, 142 Ala. 1 (37 So. 937). Sufficiency of indictment that overseer of road failed to discharge his duties.-Ward v. State, 39 So. 923. CROSS REFERENCES. INDICTMENTS (Criminal Code) INDUSTRIAL SCHOOL FOR GIRLS (Political Code).. INDUSTRIES AND AGRICULTURE (Political Code). INEBRIATES, ESTATES OF (Civil Code).... INFANCY, PLEA OF (Civil Code)... INFANTS (Civil Code)... . . . INFORMATIONS (Criminal Code) INJUNCTIONS (Civil Code).. INNKEEPERS (Civil Code). .7129-7161 1912-1932 .14- 79 4611-4618 5383 .4505-4511, 2476, 5383 .7129-7161 .4512-4536 .4537-4542 7162. (4924) (4801) (3991) (4363) (812) Process of holding coroner's inquest; jury of inquest summoned by coroner.— When a coroner has been informed that a person has been killed, or suddenly died under such circumstances as to afford a reasonable ground for belief that such death has been occasioned by the act of another by unlawful means, he must forthwith make inquiry of the facts and circumstances of such death, by taking the sworn statement, in writing, of the witnesses having personal knowledge thereof and submit the same to a judge of a court of record or a solicitor; and if, upon such preliminary inquiry, the judge or solicitor is satisfied from the evidence that there is reasonable ground for believing that such death has been occasioned by the act of another, by unlawful means, he must direct the coroner to forthwith summon a jury of six discreet householders of the county to appear before him forthwith at a specified place, and inquire into the cause of such death. (Feb. 19, 1876, p. 175, § 1.) 7163. (4925) (4802) (3992) (4364) (813) Oath of jury.— When five or more of the jurors appear, they must be sworn to inquire who the person was, and when, where, and by what means he came to his death; and to render a true verdict thereon, according to the evidence offered them, or arising from the inspection of the body.. 7164. (4926) (4803) (3993) (4365) (814) Witnesses and surgeons summoned.-The coroner may issue subpoenas for witnesses, returnable forthwith, or at such time and place as (r.c.c.) he may appoint; he must summon and examine as a witness any person who, in his opinion, or that of any of the jury, has any knowledge of the facts; and he may also summon as a witness a surgeon or physician who must, in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death. The attendance of witnesses may be compelled; a witness refusing to answer legitimate question may be subjected to fine and imprisonment.-Wilson v. State, 110 Ala. 1 (20 So. 415). 7165. (4927) (4804) (3994) (4366) (815) Service of subpoenas; proceedings against defaulting witnesses.-The sheriff or any constable must serve the subpoenas, or they may be served by the coroner; and if any witness, being subpoenaed, fails to attend, the coroner must indorse on the subpoena his default, sign his name thereto, and return the same to the clerk of the circuit or city court of the county, within five days thereafter; and such witness must be proceeded against in such court, in the name of the state, as if he was a defaulter therein; the indorsement of the coroner being presumptive evidence of the default. 7166. (4928) (4805) (3995) (4367) (816) Witness refusing to answer, misdemeanor.-Any witness who refuses to answer any question in relation to the cause of such death, except on the ground that it may criminate himself, is guilty of a misdemeanor, and must be committed to jail by the coroner, unless he gives bail in the sum of five hundred dollars, to appear at the circuit or city court and answer such offense; and, on conviction thereof, must be fined not less than two hundred nor more than five hundred dollars, and may be imprisoned not exceeding three months. 7167. (4929) (4806) (4004) Coroner may administer oaths. -Coroners shall have the right to administer oaths to persons on preliminary examinations provided for by this chapter. (Feb. 19, 1876, p. 175, § 4.) 7168. (4930) (4807) (3996) (4368) (817) Verdict of jury.— After inspecting the body and hearing the evidence, the jury must render their verdict, and certify it by an inquisition in writing signed by them, setting forth who the person is, and when, where, and by what means he came to his death; and, if the death was occasioned by the act of another, by unlawful means, who is guilty thereof; and if the person, means, or manner of his death, or the person by whose act he came to his death, are not discovered by the evidence, the inquisition must so state, and if there is no evidence tending to show that |