may justly infer guilt.-Adam's case, 52 Ala. 379. Election not required as to indictment charging larceny in one count and receiving stolen property in another.-Burrage v. State, 113 Ala. 108 (21 So. 213). After demurrer sustained, solicitor may enter nol. pros. as to one count.-Gibbs v. State, 130 Ala. 101 (30 So. 393). An indictment which omits the averment that defendant knew the property was stolen and had no intent to restore it, fatally defective.-Anderson v. State, 130 Ala. 126 (30 So. 375). 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 (5 So. 793). 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 (18 So. 142); Broughton's ease, 105 Ala. 103 (16 So. 912). A sufficient form of indictment in Sellers's case, 49 Ala. 357. Evidence of receiving stolen goods.-Adam's case, 52 Ala. 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 (16 So. 82). Punishment according to assessed value of property.-Cohen's case, 50 Ala. 109; DeBardelaben's case, Ib. 179. What facts necessary to support conviction.-Hester's case, 103 Ala. 83 (15 So. 857). 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 (6 So. 391). 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 (16 So. 912). A jury finding one guilty of receiving stolen property of less value than five dollars cannot fix punishment at imprisonment or hard labor.-Moss v. State, 39 So. 830.

7330. (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.

(Feb. 5, 1879, p. 165.) Indictment must allege that the using was without the consent of the "person having control thereof."-Blackman's case, 98 Ala. 77 (13 So. 316); Bellinger's case, 92 Ala. 86 (9 So. 399). Want of criminal intent, or belief that owner would not object, no defense.-Bellinger's case, 92 Ala. 86 (9 So. 399). Prosecution must be instituted by owner, but indictment need not show it.-Ib.

7331. (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,

48-AC-VOL. III

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.

(Feb. 17, 1885, p. 165, § 1.)

7332. (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. (Feb. 17, 1885, p. 165, § 2.)

7333. (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.

7334. (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 fishpond or lake, or fishtrap, without the consent of the owner, must, on conviction, be fined not less than five nor more than fifty dollars.

(Jan. 23, 1877, p. 136.)

7335. (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.

(Feb. 28, 1872, p. 53, § 3.)

7336. (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.

(Mar. 1, 1881, p. 112, § 29.)

7337. (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.

LAWS; WHEN TAKE EFFECT (Criminal Code)..

LAWYERS, LICENSE AND EXAMINATION OF (Civil Code).

LAWYERS; LIEN FOR FEES (Civil Code).

LEASE (Political Code)..

64

7324-7337 .900-928

586 7805

.2972-3011

.3010, 3011 1781 et seq.

.3418, 4756

(Civil Code)

7338. (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.

(Toulmin's Digest, p. 214, § 46.) A libel is whatever tends to injure character, or blacken reputation, or impute fraud, dishonesty, or moral turpi tude, or reflects shame, or tends to put one without pale of intercourse.Moody's case, 94 Ala. 42 (10 So. 670).

7339. (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 (10 So. 670); Reid's case, 53 Ala. 402.

7340. (5065) (3773) (4107) Defamation.-Any person who writes, prints, or speaks of and concerning any woman, falsely 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 40 [34].)

(Feb. 15, 1871, p. 51, § 1.) Communications made in the course of ecclesiastical discipline are not absolutely privileged, if not bona fide and without malice. Grant v. State, 141 Ala. 96 (37 So. 420). Evidence of prior statements of slanderous words.-Grant v. State, 141 Ala. 96 (37 So. 420). The offense is complete if at the time laid in the indictment defendant spoke the words charged and they were both false and malicious, and it is not essential that the utterance should have been intentionally wrong or reckless.

Riley v. State, 132 Ala. 13 (31 So. 731). Malice being an ingredient, evidence of repetitions subsequent to indictment admissible.-Riley v. State, 132 Ala. 13 (31 So. 731). That "B. M. had hired witness to swear lies in justice court" is indictable.-Booker's case, 100 Ala. 30 (14 So. 561). 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 (11 So. 403). 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 (13 So. 783). Indictment, sufficiency of; elements of offense. Cornelius v. State, 145 Ala. 65 (40 So. 670).

7341. (5066) (3774) (4108) (3554) (14) Refusal to testify by printer of libel or defamation.—The printer or proprietor of any newspaper, handbill, 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, handbill, 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.

CROSS REFERENCES.

LIBEL AND DEFAMATION (Criminal Code)..

LIBEL AND SLANDER (Civil Code).

LIBRARIAN OF SUPREME COURT (Civil Code)..

LICENSE OF FOREIGN CORPORATIONS (Political Code).

LICENSES (Civil Code)..

LICENSE TAX (Political Code)..

LICENSE TAX; MUNICIPALITIES (Political Code).

LIEN OF ATTORNEYS FOR FEES (Civil Code)...

LIEN OF LANDLORD (Civil Code).

LIENS (Civil Code)...

.7338-7341

.3745-3753

.5971-5982

...2401-2412

.2973 et seq.

2361, 2362

1338-1347

..3010, 3011 .4734-4752

.4754-4829