of the court.-Wilkins's case, 112 Ala. 55 (21 So. 56). When severance granted so as to allow two co-defendants to be tried jointly but apart from others, any further severance as to such two is matter of discretion with the court.-Malachi's case, 89 Ala. 134 (8 So. 104). When right must be claimed or held waived. See circuit court rule 32, Code of 1896, vol. 1, p. 1200. 6039-6053 TRIAL OF RIGHT OF PROPERTY; INTERPLEADER AT LAW; CLAIM SUITS (Civil Code).... TRIAL WITHOUT JURY (Civil Code). TROOPS (Criminal Code)...... TROOPS; STATE (Political Code).. TROVER (Civil Code)...... TRUSTEES, DISTRICT (Political Code). TRUSTS AND TRUSTEES (Civil Code).. TRUST COMPANIES (Civil Code) .5359-5361 .7396 et seq. .929-998 .5329, 4835 1697-1701 TRUSTS, MONOPOLIES, AND COMBINES (Criminal Code). TUBERCULOSIS SANITORIUM (Political Code)...... TURNIPS (Political Code).... TURPENTINE FORESTS (Criminal Code).. TURPENTINE, MORTGAGES OF (Civil Code) UNDERTAKING (Political Code).. UNIONTOWN (Political Code).. UNIVERSITY OF ALABAMA (Political Code). UNWHOLESOME FOOD AND DRINK (Criminal Code). USE AND OCCUPATION (Civil Code).. USES (Civil Code).. USES AND TRUSTS (Civil Code).. USURPATION (Civil Code) USURY AND INTEREST (Civil Code). .6054-6109 3528-3537 .7579-7582 .771-792 1296-1301 2439 6907 4895 538-545, 9 54 (r.c.c.) Sep. 22, 1903, p. 244. I. Amended, Mar. 7, 1907, p. 400, 1. 7843. (5628) (4047) (4218) (3630) (88) Vagrancy defined. The following described persons are vagrants: (1) Any person who wanders or strolls about in idleness, or lives in idleness, who is able to work, and has no property suf ficient for his support. (2) Any person leading an idle, immoral, or profligate life, who has no property sufficient for his support, and who is able to work, and does not work. (3) Any able-bodied person having no property sufficient for his support, who loafs, loiters, or idles in any city, town, or village, or upon a public highway, or about a steamboat landing, or a railroad station, or any other public place in this state, or any place where intoxicating liquor is sold, without any regular employment. (4) Any person trading or bartering stolen property, or who unlawfully sells or barters any spirituous, vinous, or malt or other intoxicating liquors. (5) Any person who is a common drunkard. (6) Any person who is a professional gambler. (7) Any able-bodied person who is found begging. (8) Any able-bodied person who shall abandon his wife and children, or either of them, without just cause, leaving her or them without sufficient means of subsistence, or in danger of becoming a public charge. (9) Any person who is a prostitute. (10) Any person who is a keeper, proprietor, or employe of a house of prostitution. (11) Any person who is a keeper, proprietor, or employe of a gambling house. (12) Any person who has no property sufficient for his support and who is able to work and does not work, but hires out his children or allows them to hire out. (13) Any person over the age of twenty-one years, able to work, and who does not work, and has no property sufficient for his support, and has not some means of a fair, honest, and reputable livelihood, is a vagrant. (Form 2.) (Form 112.) First statute passed Dec. 5, 1801.-Toulmin's Digest, p. 877. (See Aikin's Digest, pp. 438, 439; Clay's Digest, pp. 591, 592, § 1.) Abandonment of wife or family, what constitutes.-Boulo's case, 49 Ala. 22. Personal dislike no excuse.-Ib. A common prostitute, to be a vagrant, must have "no honest employment."-Ex parte Birchfield, 52 Ala. 377. A lewd woman, if a minor and supported by parents who have honest occupation, is not a vagrant.— Taylor's case, 59 Ala. 19. Common-law offense of keeping bawdy house not repealed by this section.-Ex parte Birchfield, 52 Ala. 377. Sufficiency of indictment for abandoning family, etc.-Boulo's case, 49 Ala. 24. Of being common prostitute, etc.-Toney's case, 60 Ala. 97. Proof of character of female inmate of bawdy house.-Ib. A complaint which follows the statute as to the constituents of the offense is sufficient.-Traylor's case, 100 Ala. 142 (14 So. 634) (Boulo's case, 49 Ala. 22, criticised). A husband may abandon his wife for a divorceable cause.-Hall's case, 100 Ala. 86 (14 So. 867); Carney's case, 84 Ala. 7 (4 So. 285). Misconduct of wife after abandonment is not admissible, unless there was similar conduct before.-Ib. The danger of the abandoned family becoming a burden to the public need not be immediate or imminent.-Carney's case, 84 Ala. 7 (4 So. 285). Abandonment is not excused by mere suspicion of wife's infidelity.-Ib. A witness cannot be compelled to testify whether or not he has had intercourse with the defendant.-Ex parte Boscowitz, 84 Ala. 463 (4 So. 279). The defendant's wife is not a competent witness against him.-Merriwether's case, 81 Ala. 74 (1 So. 560). Night walking; constituents of offense.-Stokes's case, 92 Ala. 73 (9 So. 400); Williams's case, 98 Ala. 52 (13 So. 333). When prisoner may be discharged on habeas corpus after commitment for vagrancy.-Ex parte State in re Long, 87 Ala. 46 (6 So. 328). Jurisdiction of justice of the peace as to vagrancy proceedings.-Ib. Indictment for keeping bawdy house and of being a common prostitute.-Wooster v. State, 55 Ala. 217. Joinder of misdemeanors in same indictment and in same count.-Wooster v. State, 55 Ala. 217. Sep. 22, 244, § 1. 7844. Vagrancy a crime, penalty and punishment for.Vagrancy is a crime, and any person convicted thereof must 1903, p. be fined not more than five hundred dollars, and may also be sentenced to hard labor for the county for not more than twelve months. 7845. Burden of proof in prosecution for vagrancy.-In Ib. prosecutions for vagrancy the burden of proof shall not rest upon the state to establish the fact that the defendant has no property sufficient for his support, nor means of a fair, honest, and reputable livelihood, but whenever it shall be established by the proof in any prosecution under this chapter that the defendant has been guilty of wandering or strolling about in idleness, or living in idleness, and is able to work, or that such defendant is leading an idle, immoral, or profligate life, and that such defendant is able to work; or that the defendant, being able to work, loafs, loiters, or idles in the places named in subdivision 3 of section 7843 of this Code, or that such defendant is able and does not work, but hires out his minor children, or allows them to hire out, then, or in either of such events, a prima facie case of guilt is hereby declared to be Sep. 22, 1903, p. 244, § 1. established in all prosecutions under paragraphs 1, 2, 3, 4, 12, and 13 of section 7843 of this Code, and the burden of proof shall be upon the defendant to show that he has sufficient property from which to obtain a support, or sufficient means of maintaining a fair, honest, and reputable livelihood; and provided further that in a prosecution under subdivision 13 of section 7843 of this Code, the defendant shall not be convicted if his parents, or those occupying that relation to him, are able to support him, and do support him, or that he is in bona fide attendance upon some educational institution, but if the evidence for the defendant is sufficient when considered together with all of the evidence in the case to raise a reasonable doubt as to his guilt, he shall be entitled to an acquittal. 7846. Strike orders and lockouts excepted.-The provisions of this chapter shall not apply to persons who are idle because of strikes or lockouts. 7847. (5629) (4048) Being tramp; definition and punishment.-Any person, other than one who is blind, or unable to do manual labor, or other than one asking charity within the county in which he has had a known place of residence for six months next preceding, who goes from place to place, or house to house, begging or demanding food, raiment, or other thing, is a tramp, and must, on conviction of being such tramp, be fined for the first offense, not less than fifty nor more than two hundred dollars, and imprisoned in the county jail, or sentenced to hard labor for the county, for not less than six nor more than twelve months; and, for each subsequent conviction, must be fined not less than one hundred nor more than five hundred dollars, and imprisoned in the county jail, or sentenced to hard labor for the county, for not less than one nor more than two years. (Form 108 [87].) (Mar. 1, 1881, p. 142, § § 1, 5.) 7848. (5630) (4049) Tramp entering dwelling house or threatening injury to person or property.-Any tramp who enters any dwelling house or other building, without the consent of the occupant thereof, or who willfully or maliciously injures or threatens to injure any person therein, or whe injures or threatens to do an injury to the real or personal property of another, or who demands of, or orders, any person to deliver or surrender to him anything of value, must, on conviction, be fined not less than one hundred nor more than five hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than two years. (Form 109 [88].) (Mar. 1, 1881, p. 142, § 6.) 7849. (5632) (4051) Prima facie evidence of being a tramp. Acts of begging, vagabondage, or vagrancy, by one having no known residence within the county, are prima facie evidence that he is a tramp. (Mar. 1, 1881, p. 142, § § 4,5.) 7850. Having possession of false keys, picklocks, etc.—If any person shall be apprehended, having upon him any instrument, with intent to break and enter into any dwelling house, warehouse, store, shop, coach house, stable, or outhouse, in order to steal or commit any other crime; or shall have upon him any offensive weapon, with intent to commit crime upon any person, which, if committed, would be punishable by death or imprisonment in the penitentiary; or shall be found in or upon such dwelling house, warehouse, store, shop, coach house, stable, or outhouse, with intent to steal any goods or chattels, he shall be fined not more than one thousand dollars, and may be sentenced to hard labor for not longer than six months. CROSS REFERENCES. VAGRANTS, VAGABONDS, AND TRAMPS (Criminal Code)... .7843-7850 VENDITIONI EXPONAS (Civil Code)......4097-4134, 4772, 4120, 2971, 4690 VENDOR'S LIEN (Civil Code). VENIRES, SPECIAL (Criminal Code).. .4900, 4699, 4162 .7257-7269, 7840 7851. (5309) (4485) (4911) (4206) (654) Change of venue; trial removed on defendant's application, etc.-Any person Charged with an indictable offense may have his trial removed |