6873. (5303) (4479) (4897) (4195) (643) Proof of intent to injure or defraud.-When an intent to injure, defraud, or cheat is necessary to be shown in order to constitute the offense, it is sufficient if such intent be to injure, defraud, or cheat the United States, this state, or any other state, or any public officer thereof, or any county, city, town, corporation, body politic, or private individual. Defined, see 4 Port. 449, 455; 1 L. R. A. 104. (Clay's Digest, p. 439, § 10.) 6874. (5304) (4480) (4898) (4196) (644) Proof of intent, mode, means, etc., duty of jury.—When the intent with which, the mode in, or the means by which, an act is done, is essential to the commission of the offense, and such offense may be committed with different intents, in different modes, or by different means, if the jury are satisfied that the act was committed with one of the intents, in one of the modes, or by either of the means charged, it is sufficient; and they must convict, although uncertain as to which of the intents charged existed, or in which mode, or by which of the means charged, such act was committed. When criminal intent depends on knowledge of particular facts, honest ignorance or mistake of such facts may absolve from criminality.—See Dotson's case, 62 Ala. 141. Criminal intent presumed from an unlawful act.Bain's case, 61 Ala. 76. Criminality necessarily follows from an act intentionally done.-Hoover's case, 59 Ala. 57. The law presumes that every person intends to do what he does; and that the natural, necessary, and probable consequences of his acts were intended.-McElroy's case, 75 Ala. 9; Stein's case, 37 Ala. 123. Intention or motive, how proved; is an inferential fact for jury.-Burke's case, 71 Ala. 377; Whizenant's case, Ib. 383. Cannot be testified to by a witness or defendant.-Ib. 383; Brown's case, 79 Ala. 51. What a variance in proof from allegation of mode or means.See Phillips's case, 68 Ala. 469; Rodgers's case, 50 Ala. 102. Mar. 4. 1901, p. 191 61. Corporation, Proof of. 6875. (5305) (4481) (4899) (4197) (645) Proof as to results of acts, etc., when duty of jury to convict.-When an act done may be attended by more results than one, either of which is sufficient to constitute the offense, the jury must convict, if satisfied that any one of the results charged was produced by the act, although uncertain as to which. ARTICLE 2. CORPORATION, PROOF OF. 6876. 6876. Proof of incorporation.—In the trial of criminal cases it shall not be necessary for the state to prove the incorporation of any corporation mentioned in the indictment, complaint, or information, unless the defendant, before entering upon such trial, denies the existence of such corporation by a sworn plea. .546-549 . EXAMINERS OF PUBLIC ACCOUNTS (Political Code) ....3131, 3137, 3161, 3016-3022 EXECUTIONS AND JUDGMENTS (Civil Code) 4077-4159 · EXECUTION OF SENTENCE (Criminal Code) ...7191-7211, 6580-6592, 6596, 6602-6605, 6512-6533, 6536-6572, 6575, 7639-7652 .550-655 2801 EXECUTIVE DEPARTMENT (Political Code) ... CHAPTER 214. EXTORTION. 6877. 6877. (5103) (3926) (4154) (3593) (52) Extortion.-Any justice of the peace, clerk, sheriff, or other officer, who is by law authorized to receive fees for services rendered by him in his official capacity, and who knowingly takes a fee or fees for any service not actually rendered by him, or knowingly takes any greater fee or fees than by law allowed for any services actually rendered by him, must, on conviction, be fined not less than twenty nor 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 six months. (Form 56 [46].) (Clay's Digest, p. 431, § 26.) Collier's case, 55 Ala. 125; Cleaveland's ease, 34 Ala. 254; 27 Am. St. Rep. 207 (29 So. 336). FARM PRODUCTS, SALE AND DISPOSITION OF. 6878, 6879. SECTION. 6878. Trading in farm products between sunset and sunrise; exception. SECTION. 6879. Failure to apply farm produce to payment of lien for rent or advances. 6878. (5544) (4141) (4369) Trading in farm products between sunset and sunrise; exception.-Any person who buys, sells, receives, barters, or disposes of any cotton, corn, wheat, oats, peas, or potatoes, after the hour of sunset, and before the hour of sunrise of the next succeeding day, or any person who in any manner moves, carries, conveys, or transports, except within the limits of the farm or plantation on which it is raised or grown, any cotton seed between the hours of sunset and sunrise of the next succeeding day, must, on conviction, be fined not less than ten nor 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 twelve months; but this section shall not affect the right of municipal corporations to establish and regulate, under their charters, public markets within their limits, for the sale of commodities for culinary purposes, nor the right of any proprietor or owner of any plantation or premises to sell on such plantation or premises the necessary grain and provisions for the subsistence of man and beast for the night to traveling or transient persons, or for the use of agricultural laborers in his own employment on such plantation or premises; nor shall the provisions of this section apply to any person carrying seed cotton to a gin for the purpose of having the same ginned. (Feb. 12, 1879, p. 63; Feb. 20, 1875, p. 241.) Constitutionality of statute. -Davis's case, 68 Ala. 58. Want of knowledge or consent of owner of products not an element of this offense, and his knowledge of the act or consent thereto, when done by another, is no defense.-Gilliam's case, 71 Ala. 10. Instructions by principal to agent to buy farm products, presumptions; act and declaration of agent as evidence against principal.-Russell's case, 71 Ala. 348. Sufficiency of indictment; may be in the alternative.Russell's case, 71 Ala. 348. Necessary averments.-Ib. 348. See Grattan's case, Ib. 344; Davis's case, 68 Ala. 58; Wheat v. State, 110 Ala. 68 (20 So. 449). 6879. (5545) (4142) Failure to apply farm produce to payment of lien for rent or advances.-Any person who knowingly takes or receives any cotton or other farm produce upon which there is a lien for rent or advances, or both, or the proceeds thereof, and who fails to apply the same to the payment of the rent, or the discharge of the lien, whether the same is in the hands of a third party or not, must, on conviction, be punished as if he had stolen the same. CROSS REFERENCES. FARM PRODUCTS, SALE AND DISPOSITION OF (Criminal Code).6878, 6879 FEES (Criminal Code) FEES AND COSTS (Civil Code) FEE SIMPLE ESTATE (Civil Code) TAIL ESTATES (Civil Code) ES (Criminal Code) .7044, 6631-6670 ..3662-3729 .3396, 3423 et seq. .... 3397 .6756, 7129 6880. (5560) (4153) Dealing in fertilizers without submitting statement to commissioner.-Any person who manufactures or exchanges, sells, or offers for sale or exchange, any fertilizer, without first submitting the statement required by law to the commissioner of agriculture and industries, must, on conviction, be fined not more than five hundred dollars for each offense. (Feb. 23, 1883, p. 184, § 6; Feb. 17, 1885, p. 172, § 8.) 6881. (5561) (4154) Selling fertilizers without attaching proper tags. Any person who sells, exchanges, or offers for sale or exchange, any bag, package, or barrel of fertilizer, which has not been tagged as provided by law, must, on conviction, be fined not less than fifty dollars for each offense. (Feb. 17, 1885, p. 172, § 10.) Notes given on sale of commercial fertilizer to which no tags were affixed.-Johnson v. Hanover Bank, 88 Ala. 271 (6 So. 909). See note to § 32 (386). 6882. (5562) (4155) Using more than once, and counterfeiting tags, etc.-Any person who counterfeits the tag pre |