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Elections as to Changing or Removing County Seats; Offenses Concerning. alter the returns of any primary election, or remove the copy of the returns posted at any polling place before the result of the election is announced by the committee or governing authority, shall be punished in the same form and manner as provided by the general law for the punishment of any person who changes or in any wise alters the returns of the regular state elections.

6825. Penalty for failing to place candidate's name on ballot.-Any officer of the state or of any county or municipality whose duty it is by law to prepare and have printed ballots for any election authorized by law to be held; and any executive officer or member of a political party charged with the duty of preparing and having printed ballots for any primary election authorized by the rules and regulations of said political party to be held, who shall willfully or negligently fail to have printed on said ballots as required by law or the rules and regulations of the political party holding the election, the names of all persons entitled to be printed thereon, and all issues entitled to be printed thereon and entitled to be submitted to a vote, shall be guilty of a misdemeanor, and, on conviction, must be fined not more than one thousand dollars, and may be sentenced to hard labor for the county for not more than one year.

(r.c.c.)

ARTICLE 3.

ELECTIONS AS TO CHANGING OR REMOVING COUNTY SEATS; OFFENSES CONCERN-
ING. 6826.

6826. Penalties for violation of article 9 of chapter 11 of this Code. Any officer or persons who shall willfully or corruptly fail to perform any duty required of him under any of the provisions of article 9, chapter 11, of this Code; or who shall fraudulently alter or change the ballot of any elector after it has been cast; or shall make any false or fraudulent count of votes; or shall place in the receptacle for ballots any ballot not actually cast by an elector; or shall take therefrom any ballot cast by an elector, with the intention of unlawfully changing or affecting the result of the election; or shall make any false poll list, or any false count of the ballots or any false certificate to a poll list or to the result of the count of the ballots; or shall wrongfully open the returns from any precinct or ward; or shall change, secrete, destroy, or mutilate the returns from any precinct or ward, or attempt to do so; or shall prevent or attempt to prevent any such return from being made as required by article 9, chapter 11, of this Code; or shall attempt to commit any fraudulent act in connection with the

33-AC-VOL. III

Mar. 3,

1903, p.

117, § 18.

ordering of said election, or the holding of the election, or making the returns, or declaring the result thereof; and any person who votes more than once, or deposits more than one ballot as his vote at such election, or knowingly attempts to vote when he knows he is not entitled to vote; and any person who, by bribery, or offering to bribe, or in any other corrupt means attempts to influence any elector in giving his vote, or to deter him in giving the same, or to disturb, or to hinder him in the free exercise of his right of suffrage at said election, must, in every such case, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.

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66 SCHOOL TAX (Political Code)

ELECTIONS TO CHANGE COUNTY SITE (Political Code)
ELECTIONS TO ISSUE COUNTY BONDS (Political Code)
ELIGIBILITY TO OFFICE (Political Code)
EMBALMERS (Political Code)

.1851-1860

.175- 207 .158-174

.1467-1474

..538-545

Oct. 6, 1903, p. 388, § 1.

CHAPTER 208.

EMBALMING. 6827.

6827. Embalming without license.-Any person who shall practice or hold himself or herself out as practicing the science of embalming, without a license or certificate, contrary to law, shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine of not less than fifty dollars nor more than five hundred dollars for each and every offense.

CROSS REFERENCES.

EMBALMING (Political Code)

66 (Criminal Code)

.538-545 6827

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6828. (4659) (3795) (4377) (3717) (171) Embezzlement by officer, clerk, agent, servant, or apprentice.-Any officer, agent, or clerk of any incorporated company or municipal corporation, or clerk, agent, servant, or apprentice of any private person or persons, who embezzles or fraudulently converts to his own use, or to the use of another, or fraudulently secretes with intent to convert to his own use, or to the use of another, any money or property which has come into his possession by virtue of his office or employment, must be punished, on conviction, as if he had stolen it. (Form 49 [40].)

(Clay's Digest, p. 421, § 31; Nov. 26, 1880, p. 43. This section [and §§ 6830 (4660) and 6831 (4661)] embraces some acts which were larceny at common law, as well as acts which were breaches of trust.-Insurance Company V. Tunstall, 72 Ala. 142. When embezzlement under this section a felony and when a misdemeanor.-Washington's case, 72 Ala. 272. The gist of this offense.—Ib. 276. A wrongful conversion is an unauthorized assumption and exercise of the right of ownership over goods and personal chattels belonging to another, to the alteration of their condition, or the exclusion of the owner's rights.-Noble's case, 59 Ala. 79. If, when defendant receives money, he then entertains the fraudulent purpose of converting it, it will be larceny, but if he conceive the intent after rightfully receiving it as the agent of his principal and thereafter converts it, it is embezzlement.-Eggleston v. State, 129 Ala. 80 (30 So. 582). It is immaterial whether the conversion is made to the individual use of the defendant or to the use of the firm or partnership of which he is a member; it is not necessary that the defendant should be the sole agent of the principal; it may be sufficient that the partnership of which he is a member is

Oct. 6,

1903, p.

401, §§ 1

and 2.

the agent, if he did the conversion.-Carr v. State, 104 Ala. 43 (16 So. 155).
If there be no evidence tending to show that defendant received property
which he could possibly convert or embezzle, he cannot be convicted.-Grider
v. State, 133 Ala. 188 (32 So. 254). Charge of embezzling "money to about
the amount of $210" may be sufficient; it need not describe the character
or state the amount definitely.-Walker v. State, 117 Ala. 42 (23 So. 149).
When the question of fraudulent intent at the time of the appropriation is
a question for the jury.-Walker v. State, 117 Ala. 42 (23 So. 149). A bailee
with a special interest in property may embezzle it.-Eggleston v. State, 129
Ala. 80 (30 So. 582). Where a defendant received a twenty-dollar gold
piece for the purpose of changing it, and returns change for one dollar only,
claiming that it was a dollar and not a twenty-dollar coin handed him, he
may be guilty of embezzlement or larceny.-Eggleston v. State, 129 Ala. 80
(30 So. 582). The fraudulent conversion or appropriation must occur within
the jurisdiction in which the prosecution is begun.-Henderson v. State, 129
Ala. 104 (29 So. 799). Jurisdiction or venue as to embezzlement.
A mere
failure of agent to return the money or property does not per se make him
guilty of embezzlement.-Henderson v. State, 129 Ala. 104 (29 So. 799).
For an agent or clerk to convert or fraudulently secrete with intent to con-
vert property which came to his possession by virtue of the employment,
is embezzlement.-Iron Age Pub. Co. v. Crudup, 85 Ala. 519 (5 So. 332).
Embezzlement by depot station agent of railroad company.-Willis v. State,
134 Ala. 429 (33 So. 226). Effect of many acts of conversion at different
times or continuous acts of wrongful conversion during stated period.-Willis
v. State, 134 Ala. 429 (33 So. 226). When prosecution compelled to elect as
to one of several counts or several acts. The body of the crime may consist
of many acts done by virtue of confidential relations.-Willis v. State, 134
Ala. 429 (33 So. 226). Who is an agent within the meaning of the statute.—
Hinderer's case, 38 Ala. 415; Pullen's case, 78 Ala. 31. Wife may be agent
without husband's consent.-Ib. Statute not intended to convert common
law larceny into embezzlement.-Holbrook's case, 107 Ala. 154 (18 So. 129);
Washington's case, 106 Ala. 58 (17 So. 546). Person having bare custody of
goods of another may commit larceny of them.-Ib. Mail-rider not the agent
of sender of letter.-Brewer's case, 83 Ala. 113 (3 So. 816). Nontransfer-
able labor tickets or checks not subject of embezzlement by payee.-St.
Clair's case, 100 Ala. 61 (14 So. 544). Animus furandi necessary.-Morris-
ette's case, 77 Ala. 71; Morningstar's case, 55 Ala. 148. Three things must
coexist: (1) Accused must be agent; (2) property must come into his hands
by reason of agency; (3) he must have converted or secreted with intent
to convert.-Pullam's case, 78 Ala. 31. Evidence.-Lowenthal's case, 32
Ala. 589; Washington's case, 72 Ala. 272. Proof of failure to account for
funds similarly received.-Lang's case, 97 Ala. 41 (12 So. 183); Stanley's
case, 88 Ala. 154 (7 So. 273). Proof that defendant procured cotton receipt
to be issued in his son's name, which he afterwards delivered to the owner,
will not support conviction.-Penney's case, 88 Ala. 105 (7 So. 50). Indict-
ment should allege defendant to be agent, or servant, etc., of named prin-
cipal; and it is well, though not necessary, to allege ownership of property.-
Washington's case, 72 Ala. 272. May be joined with larceny in separate
count.-May's case, 30 Ala. 32; Butler's case, 91 Ala. 87 (9 So. 191). Elec-
tion in such case not required unless it appears that the different counts are
founded on separate transactions.-Butler's case, supra; May's case, supra.
Sufficiency of description of articles embezzled.-Ib. (Money); Gady's case,
83 Ala. 51 (3 So. 429); Huffman's case, 89 Ala. 33 (8 So. 28). Code form
sufficient.-May's case, 30 Ala. 32; Lowenthal's case, 32 Ala. 589; Lang's
case, 97 Ala. 41 (12 So. 183).

6829. Unlawful use of county or municipal money or funds. -Any officer of any county or municipality who shall use, direct, order, or vote for the use of any public money collected for any special public purpose in any way other than for the

purpose or purposes for which such money was collected, or who shall use, direct, order, or vote for the use of the proceeds of any county or municipal bonds sold for any purpose other than the use for which said bonds were sold, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than double the amount of the money used, and may be imprisoned in the county jail for six months at the discretion of the court.

6830. (4660) (3796) (4383) (3719) (173) Embezzlement or fraudulent secretion by officer, etc., of incorporated bank.Any officer, agent, clerk, or servant of any bank incorporated under any law of this state, who embezzles or fraudulently converts to his own use, or fraudulently secretes with intent to convert to his own use, any money, property, or effects belonging to or in the possession of such bank, or deposited therein, must be punished, on conviction, as if he had stolen it. (Form 49 [40].)

(Clay's Digest, p. 421, § 33.) Indictment charging that defendant did embezzle or fraudulently convert is equivalent to charging that he embezzled or fraudulently converted.-Bell v. State, 139 Ala. 124 (35 So. 1021). Indictment alleging the embezzlement of money is not sustained on proof of conversion of a check.-Carr's case, 104 Ala. 43 (16 So. 155). Indictment under Code form, for embezzlement of deposits of a bank, is sufficient to authorize conviction for the conversion of money of the bank, or on deposit therein, whether general or special, and the owner need not be averred.-Reeves's case, 95 Ala. 31 (11 So. 158). The possession and control of accused need not be exclusive of other officers of the bank, and it is immaterial whether his acts are open or secret.—Ib. If converted under guise of fraudulent loan, with consent of other officers of bank, it would be no defense.-Ib. It is permissible to show other fraudulent transactions of the bank than the one on trial, of which the defendant must have had knowledge.-Ib. See note to preceding section.

Feb. 4,

1903, p. 40, § 1.

6831. (4661) (3797) (4384) (3720) (174) Embezzlement or amended, fraudulent secretion by banker, factor, attorney, or other agent or trustees, assignee, executor, administrator, or guardian.Any private banker, commission merchant, factor, broker, attorney, bailee, or other agent, or any trustee, assignee, executor, administrator, or guardian who embezzles or fraudulently converts to his own use any money, property, or effects deposited with him, or which may have come into his possession by virtue of any bailment for any purpose, or the proceeds of any property sold by him for another, or any money, property, or effects which may have come into his posesssion by virtue of any appointment by any court, must be punished, on conviction, as if he had stolen it.

(Clay's Digest, p. 483, § 45; Jan. 30, 1867, p. 302; Feb. 28, 1889, p. 68.) The word "agent" is used in its popular sense; it implies delegated authority; does not include a naked bailee.-Pullam v. State, 78 Ala. 31. A defendant indicted under § 6828 (4659) cannot be convicted under § 6830 (4660), nor vice versa; the one does not include the other; a man who converts funds

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