6467. (4425) Keeping cockpit; cock fighting.-Any person who keeps a cockpit, or who in any public place fights cocks, must, on conviction, be fined not less than twenty nor more than fifty dollars. (Feb. 18, 1891, p. 1158, § 1.) A place where seventy-five or one hundred persons assemble in the woods half a mile from public road for the purpose of fighting cocks, is made a public place within the meaning of the statute.Finnem v. State, 115 Ala. 106 (22 So. 593). 6468. (4426) Justice of peace has jurisdiction.-Justices of the peace have jurisdiction of the offense defined in the preceding section. COLOR OF TITLE (Civil Code) COMBINES, TRUSTS, AND MONOPOLIES (Criminal Code) .6467, 6468 .1-10, 1884, 2060 3756 3301-3305 2160-2209 .5487, 5488 2830, 3850 7579-7582 COMMERCE AND TRADE (Civil Code) ..5144-5157, 3301-3305, 42874295. 4619-4625, 5265-5289, 5150-5152, 4543-4596, 5162-5174, 54735513, 6671-6673, 3730-3753, 6131-6142 COMMERCE AND TRADE (Political Code) COMMERCIAL LAW (Civil Code COMMISSIONER OF AGRICULTURE (Political Code) COMMISSIONER OF DEEDS (Political Code) ... COMMISSIONER OF INSURANCE (Civil Code) COMMISSIONERS' COURTS (Civil Code) COMMISSIONS (Political Code) 2429-2439 2361 24- 48 4958-5161, 5143 .14- 23 98 4545-4588 .3306-3323 COMMON CARRIER (Civil Code) 1470, 1471, 1474 .5473-5631 .6123-6142 .7510-7516, 7653, 7654 COMMON CARRIERS AS WAREHOUSEMEN (Civil Code) COMMUTATIONS (Criminal Code) COMPANY (Political Code) 2060 6469. (4427) (4006) (4149) (3587, 3588) (46, 47) Compounding felony.-Any person who, having knowledge of the commission of a felony, takes, receives, or agrees to take or receive from another, any money, property, or other thing of value, to compound or conceal such felony, or to abstain from any prosecution therefor, must, on conviction, be fined not more than one thousand dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than twelve months. A prosecution and conviction may be had under this section, although the person guilty of the original offense has not been tried. (Form 35 [29].) (Aikin's Digest, p. 107, § 40.) Where the only consideration for the execution of a deed was the dismissal of a criminal prosecution against complainant's husband, it is the compounding of a felony within the meaning of the statute.-Treadwell v. Torbert, 119 Ala. 279 (24 So. 54). Compromise of a criminal prosecution is illegal, but it is not the case with a civil suit.— Dunkin v. Hodge, 46 Ala. 523. Code form of indictment sufficient.-Watt's case, 97 Ala. 72 (11 So. 901). CROSS REFERENCES. .3393-3395, 3789-3791 CONDEMNATION BY MUNICIPALITIES (Political Code) .......1439-1442 (Civil Code) ...6251, 6240, 7631-7635 .4295, 5752, 5395 6470. (4428) (4007) (4152) (3591) (50) Conspiracy to commit felony.-Any two or more persons, conspiring together to commit a felony, must each, on conviction, be fined not more than one thousand 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 36 [30].) (Clay's Digest, pp. 430, 431, § § 23 and 24.) Conspiracy to unlawfully burn a cornerib containing corn.-Thomas v. State, 116 Ala. 461 (22 So. 666). 6471. (4429) (4008) (4153) (3592) (51) Conspiracy to commit misdemeanor.-Any two or more persons, conspiring together to commit a misdemeanor, must each, 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 three months. (Form 36 [30].) Conspiracy to whip a third person, declarations of conspirators after commission of offense not admissible.-Everage v. State, 113 Ala. 102 (21 So. 404). Conspiracy defined.—Murphy's case, 6 Ala. 765. Unlawful agreement is gist of offense, though nothing be done.-Cawood's case, 2 Stew. 360. To seduce a virtuous female.-Murphy's case, 6 Ala. 765. Agreement between a man and woman to commit adultery is not a conspiracy.-Miles's case, 58 Ala. 390. To commit misdemeanor is not merged into the offense, but indictment may be framed to convict of either.-Murphy's case, 6 Ala. 765. May be proved circumstantially without positive agreement or meeting of conspirators.-Johnson's case, 29 Ala. 62; Scott's case, 30 Ala. 503; Marler's case, 67 Ala. 66. Established by testimony of accomplice, if his statement connecting defendant with the offense is corroborated.-Marler's case, 67 Ala. 66. What said and done by one in presence of others, while committing the offense, admissible against all-Smith's case, 52 Ala. 407. Motion in arrest of judgment allowable to one or more, in absence of others.-Covington's case, 4 Ala. 603. The conspiracy is a complete offense within itself, and no act in consummation thereof is necessary. Thompson's case, 106 Ala. 67 (17 So. 412). A conspiracy in this state to commit a felony in another state is indictable.-Thompson's case, 106 Ala. 67 (17 So. 412). Indictment charging that defendants conspired together to unlawfully take a thousand dollars in money, the property of J. H., from his person, and against his will, by violence to his person, or by putting him in fear, as to unwillingly part with it," is sufficient.—Ib. When declaration and conduct of one evidence against others.-McAnnally's case, 74 Ala. 9; Williams's case, 81 Ala. 1 (1 So. 179); Amos's case, 83 Ala. 1 (3 So. 749); Johnson's case, 87 Ala. 39 (6 So. 400); Martin's case, 89 Ala. 115 (8 So. 23); Gibson's case, 89 Ala. 121 (8 So. 98); Tanner's case, 92 Ala. 1 (9 So. 613); Tally's case, 102 Ala. 25 (15 So. 722). Liability of each for acts of others.-Pierson's case, 99 Ala. 148 (13 So. 550); Ex parte Bonner, 100 Ala. 114 (14 So. 648); Ex parte Tally, 102 Ala. 25 (15 So. 722). Conspiracy 25-AC-VOL. III must be established before responsibility ensues.-Turner's case, 97 Ala. 57 (12 So. 54); Bonner's case, 100 Ala. 114 (14 So. 648). Positive or direct proof not necessary to establish.-Martin's case, 89 Ala. 115 (8 So. 23); Gibson's case, 89 Ala. 121 (8 So. 98); Tanner's case, 92 Ala. 1 (9 So. 613); Jolly's case, 94 Ala. 19 (10 So. 606); Elmore's case, 110 Ala. 63 (20 So. 323). 6472. (4430) Conspiracy formed in this state to commit crime elsewhere indictable here.-A conspiracy formed in this state to do an act beyond the state, which, if done in this state, would be a criminal offense, is indictable and punishable in this state in all respects as if such conspiracy had been to do such act in this state. Thompson's case, 106 Ala. 67 (17 So. 512). CONSTITUTION OF UNITED STATES, see Political Code, pp. 149-216. CONTAGIOUS DISEASES (Health and Quarantine) (Political Code).698-792 CONTESTED ELECTIONS (Elections) (Political Code) CONTEMPTS (Civil Code) 455-491 ..4630-4632 CONTRACT OF EMPLOYMENT, VIOLATIONS OF (Criminal Code) 6473. Future contract prohibited, penalty for.-If any person shall become a party to any contract for the sale and future 1907, P. 395, § 3. delivery of any article or personal property in which it is not Mar. 7. intended by the parties thereto that such property shall be actually delivered, but the difference between the contract price and the market price on the day of delivery shall be paid in money, or if any person shall be the agent, directly or indirectly, of any such party in making or furthering or effectuating the same, or if any agent or officer of any corporation shall, in any way or manner, knowingly aid in making or furthering any such contract to which such corporation shall be a party, he shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than one hundred dollars nor more than five hundred dollars, and may be sentenced to hard labor for not less than one month nor more than six months. 6474. Future contracts made in another state, penalty for.— Ib., § 4. If any person shall, while in this state, consent to become a party to any contract contrary to preceding section, made in another state, or if any person shall, as agent of any person or corporation, become a party to any such contract made in another state, or in this state do any act, or in any way aid in the making or furthering such contract so made in another state, he shall be guilty of a misdemeanor, and on conviction, shall be fined not less than fifty dollars nor more than two hundred dollars, and may be sentenced to hard labor for not less than one month nor more than six months. 6475. Carrying on business of dealing in futures; penalty b., § 5. for. If any person, corporation, or other association of persons, either as principals or agents, shall establish or open an office or other place of business in this state for the purpose of carrying on or engaging in any business of making contracts to sell and deliver any cotton, Indian corn, wheat, rye, oats, tobacco, meal, lard, bacon, salt pork, salt fish, beef cattle, sugar, coffee, stocks, bonds, or choses in action at a place and at a time specified and agreed upon therein to any other person, whether the person to whom such article is so agreed to be sold and delivered, shall be a party to such contract or not, when, in fact, and notwithstanding the terms expressed in such contracts, it is not intended by the parties thereto that the articles or things so agreed to be sold and delivered shall be actually delivered or the value thereof paid, but it is intended and understood by them that money or other thing of value shall be paid to the one party by the other, or to a third party, the party to whom such payment of money or other thing of value shall be made to depend, and the amount of such money or other thing of value so to be paid to depend upon whether the market price or value of the article so agreed to be sold and delivered is greater or less at the time and place so specified |