Feb. 19, 1907, p. 12, § 43. Ib., § 44. Ib., § 15. Ib.. § 16 Ib., § 41. owner thereof, or person killing the same who has in his possession a nonresident's license, if the game is to be carried out of this state, or a resident's license, if the game is to be transported within the state, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than ten nor more than fifty dollars. 6970. Common carrier shipping game.-Any person, company, corporation, or common carrier who shall ship or transport any birds or game without ascertaining if the person offering for shipment or transportation such birds or game is in possession of a hunting license duly issued to him and covering the period when such shipment is offered, and without requiring such person to accompany the shipment, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars. 6971. Hunting on lands of another without written permission; penalty for.-Any person who hunts on the lands of another without first having obtained from the owner or agent thereof a written permission to do so, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than ten nor more than twenty-five dollars. 6972. Corporation, service of warrant of arrest upon.—In cases of violation of the game laws of Alabama by a corporation, the warrant of arrest may be read to the president, secretary, or manager in this state, or to any general or local agent thereof in any county where the action or indictment is pending, and upon the return of such warrant so served, the corporation shall be deemed in court and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of said corporation, but this section shall not be considered to exempt an agent or employe from prosecution. 6973. Officer failing to perform duty.-Any official, officer, or warden who shall fail to perform any act, duty, or obligation enjoined upon him by the provisions of the game laws of this state, shall be guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not less than fifty nor more than one hundred dollars. 6974. Report of prosecutions to state commissioner.—Every court or clerk of any court before whom any prosecution under this chapter is commenced or shall go on appeal, and within twenty days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine collected, if any, and the disposition thereof to the state game and fish commissioner. . 12. § 14. 6975. Pleading and practice, rules of under this chapter.— Feb. 19, Two or more offenses may be charged in the same affidavit, 1907, P. complaint, or indictment, and proof as to a part of a game bird or animal shall be sufficient to sustain a charge to the whole of it; and the violation as to the number of animals or birds of the same kind may be charged in the same count and punished as a separate offense as to each animal, bird, or game. 6976. Costs of prosecution, how taxed.-When an arrest for Ib., § 18. a violation of the game law is made by the state game and fish commissioner or by any warden, and the defendant is convicted, there shall be taxed as costs in favor of such warden making the arrest the same fee as a constable is entitled to in misdemeanor cases, and if collected from the defendant, shall be paid over to such warden and shall be his personal perquisite. No fee shall be allowed in cases of acquittal. 6977. Fines, penalties, and forfeitures, disposition of.-All 1b., $ 41. moneys collected from fines, penalties, or forfeitures under this chapter shall belong to the game and fish protection fund, with the exception of that part which, under this chapter, belongs to the wardens, and shall be paid over by the officer authorized to collect said money to the state treasurer on or before the first day of each month, and shall be credited by him to the game and fish protection fund. The state treasurer shall report on the first day of each month to the state game and fish commissioner the exact amount of money to the credit of the game and fish protection fund. 6978. Fines to be paid in currency.-All fines imposed under Ib., § 45. the provisions of this chapter shall be paid in lawful money, that is to say, in currency of the United States of America. 6979. Judges' special charges as to game laws. The circuit judges and the judges of concurrent jurisdiction shall give the grand juries when organized the provisions of the game and fish laws strictly in charge, and shall urge strict inquiry into infractions thereof. 6980. Terms defined.-As used in the game laws of this Ib., § 14. state, unless otherwise specifically restricted or enlarged, the words "herein" and "hereof" refer to the whole of the game laws of this Code, and the words "person," "owner," "proprietor," "grantee," "lessee," or "licensee" include a firm, association, corporation, or municipality, and the word "warden" means state game and fish commissioner, county game warden, and deputy game warden, provided for in the game laws. The word "officers" includes every person authorized to enforce the provisions of the game laws, and whenever the possession, use, importation, transportation, storage, sale, offering, or exposing for sale of game birds is prohibited or Feb. 19, 1907, p. Miscellaneous Offenses Concerning. restricted, the prohibition or restrictions shall' extend to and include every part of such game, and a violation as to each animal or bird or part thereof shall be a separate offense. 6981. Extent and construction of game laws.-The provi12, $ 454. sions of the game laws shall not apply to persons hunting any of the birds or animals of this state which are not protected by the provisions of such laws. Ib., § 48. 6982. Local or special laws repealed.-All laws and parts of laws, general, special, or local, in conflict with the provisions of this Code as to the game and fish laws, are repealed. 6983-7001. ARTICLE 1. MISCELLANEOUS OFFENSES CONCERNING. 6989. Betting with minor or ap 6990. Betting on election in this 6991. Proprietors of liquor saloons 6993. Renting room, booth, etc., to SECTION. 6983-7001. 6994. Examination of witnesses be- 6995. Refusal of witness to testify 6997. Carrying on or representing lottery; selling tickets in same. 6998. Wheel of fortune, slot ma chine, device of chance, or raffling. 6999. Grand juries have no discretion. 7000. Selling pools on events outside the state. 7001. Jurisdiction and duty of municipal officers in pool selling and lottery cases. be used for gaming purposes. 6983. (4792) (4052) (4207) (3620) (78) Card and dice playing at public houses and other public places.-Any person who Miscellaneous Offenses Concerning. plays at any game with cards or dice, or any device or substitute therefor, at any tavern, inn, or quasi public building owned by the state, county, or municipal corporation, storehouse for selling or retailing spirituous, vinous, or malt liquors, or house or place where spirituous, vinous, or malt liquors are retailed, sold, or given away, or in any public house, highway, or in any other public place, or any outhouse where people resort, must, on conviction, be fined not less than twenty nor more than fifty dollars. (Form 30 [24].) (Toulmin's Digest, p. 375; Aikin's Digest, p. 212, § 17; Clay's Digest, p. 432, § 9; Jan. 26, 1877, p. 103.) The back shedroom of dwelling house may be a public place within the meaning of the statute; the defendant may be convicted of playing at such place, though he play but once.-Nichols v. State, 111 Ala. 58 (20 So. 564). A storehouse not used for any ostensible purpose may be an outhouse within the meaning of the statute. An outhouse can be any house not used for a dwelling or business purposes.-Downey v. State, 115 Ala. 108 (22 So. 479). A public place is, in general, any place which, for the time being, is made public by the assemblage of people.-Campbell's case, 17 Ala. 369. Any place, house, or room, even a bedroom, may become a public place from the use of it, generally or at the time.-Smith's case, 52 Ala. 384; Coleman's case, 20 Ala. 51; Russell's case, 72 Ala. 222; Johnson's case, 75 Ala. 7; Nickols's case, 111 Ala. 58 (20 So. 564); Thompson's case, 99 Ala. 173 (13 So. 753). Also a steamboat.-Coleman's case, 13 Ala. 602. Or an infirmary.-Flake's case, 19 Ala. 551. Or a ferry boat in the middle of a navigable river.-Dickey's case, 68 Ala. 508. Or a place in the bushes in edge of an old field.-Henderson's case, 59 Ala. 89. In the following cases, the places were held not to be public on account of circumstances of privacy attaching at the time: A private house or room.-Coleman's case, 20 Ala. 51. A deep hollow in a piece of woods.-Bythwood's case, 20 Ala. 47. A physician's office.-Clarke's case, 12 Ala. 492; Sherrod's case, 25 Ala. 78. A lawyer's office.-Burdine's case, 25 Ala. 60. A back room occupied by a register in chancery as a bedroom.-Roquemore's case, 19 Ala. 528. A blacksmith shop.-Graham's case, 105 Ala. 130 (16 So. 934). The term public place does not include public house, or other place specially mentioned.-Windham's case, 26 Ala. 69; Brown's case, 27 Ala. 47; Sweeney's case, 28 Ala. 47; Huffman's case, 28 Ala. 48; Smith's case, 37 Ala. 472; Burdine's case, 25 Ala. 60; Sherrod's case, 25 Ala. 78; Roquemore's case, 19 Ala. 528; Clarke's case, 12 Ala. 492; McCauley's case, 26 Ala. 135. One game at public place is sufficient.-Nickols's case, 111 Ala. 58 (20 So. 564). "Any other public place" has the effect of making all places which precede the clause "per se" public places.-Pickens's case, 100 Ala. 127 (14 So. 672). But a contrary rule is laid down in decisions on betting in a public place, etc.-See Napier's case, 50 Ala. 168. Boarding house not an inn nor per se a public place. Winston v. State, 145 Ala. 91 (41 So. 174). A strip of woods a quarter of a mile long in a pasture a mile from the public road held under the facts in that case not a public place.-Russ v. State, 132 Ala. 20 (31 So. 550). The lower story of a jail house in which the jailer lives, the prisoners being in the upper story, is not per se a public place within the meaning of the statute. -Lewis v. State, 140 Ala. 126 (37 So. 99). Bedroom or dwelling-house may, from use of it, become one of the prohibited places.-Johnson's case, 75 Ala. 7. A bedroom in the second story of a building, the first story of which is sometimes used as a dancing hall, is not a public house.-Skinner's case, 87 Ala. 105 (6 So. 399). A place resorted to for such length of time as to be known as "the old crap ground" is a public place within the meaning of the statute.-Dennis v. State, 139 Ala. 109 (35 So. 651). A place to the rear of a dwelling within sight of public road, public place within meaning of statute.-Ford v. State, 123 Ala. 81 (26 So. 503). Room in the second story 1 Miscellaneous Offenses Concerning. of a store in which liquors are sold is within the meaning of the statute, though it is used as a bedroom.-Kicker v. State, 133 Ala. 193 (32 So. 253). Held to be public house in each of the following cases: A room in a ware house on river bank.-Windham's case, 26 Ala. 69. Also a room belonging to a hotel or tavern, although in a lot separate and distant from the hotel.Russell's case, 72 Ala. 222. A "lawyer's office.'-McCauley's case, 26 Ala. 135. The office of a justice of the peace, or a back room thereto.-Burnett's case, 30 Ala. 19. A storehouse for selling dry goods.-Skinner's case, 30 Ala. 524. A "barber shop" and "rooms above."-Moore's case, Ib. 550; Cochran's case, Ib. 542. A broker's office and connected sleeping room.-Wilson's case, 31 Ala. 371. Building where saddle and harness business carried on, and connected rooms.-Bentley's case, 32 Ala. 569. A toll bridge house, unless used exclusively as a private residence.-Arnold's case, 29 Ala. 46. Storehouse for sale of liquors, or house or place where liquors are sold, etc.; held to be within the statute in the following cases: Johnson's case, 19 Ala. 527; Huffman's case, 29 Ala. 40; s. c., 30 Ala. 532. But the following cases held not to be within the statute: Dale's case, 27 Ala. 31; Phillips's case, 51 Ala. 20. Meaning of the statutory term "at" the house, etc.-Ray's case, 50 Ala. 172. Outhouse where people resort, etc.; what held to be.-Swallow's case, 20 Ala. 30. What held not to be.-Cain's case, 30 Ala. 534; McDaniel's case, 35 Ala. 390. Outhouse defined.-Downey's case, 90 Ala. 644 (8 So. 869); Pickens's case, 100 Ala. 127 (14 So. 672); Downey's case, 110 Ala. 99 (20 So. 439). Highway means a public road, as distinguished from a private way.-Mills's case, 20 Ala. 86. A navigable river is not a highway within this statute.-Glass's case, 30 Ala. 529; Dickey's case, 68 Ala. 508. But it may become a public place.-Dickey's case, 68 Ala. 508. Playing within seventy-five yards of public road, if visible from road, forbidden.-Franklin's case, 91 Ala. 23 (8 So. 678). If the playing was in an inn or tavern, it is immaterial that the room was a bedroom.-McCalman's case, 96 Ala. 98 (11 So. 408). Meaning of word "tavern' generally.-Cloud's case, 6 Ala. 628. A bedroom in the third story of a hotel or boarding house, where the occupant eats, cooks, and sleeps, is within the statute.-Foster's case, 84 Ala. 451 (4 So. 833). Where it appears that two persons named in the indictment did not play in the game of defendant, but in a different game, there is a variance and defendant cannot be convicted.-Townsend v. State, 137 Ala. 91 (34 So. 382). Affidavit or complaint charging playing "at a place in a pasture made public by meeting for the purpose of playing at a game with cards or dice" insufficient.-Russ v. State, 132 Ala. 20 (31 So. 550). Offense may be charged in an affidavit, complaint or indictment in the alternative.-Ford v. State, 123 Ala. 81 (26 So. 503). If affidavit, complaint, or indictment charges betting at cards, it is not supported by evidence showing playing alone.-Ford v. State, 123 Ala. 81 (26 So. 503); Russ v. State, 138 Ala. 1 (35 So. 107). Affidavit or complaint charging the offense as "gaming in a public place" is not sufficient under this section or under § 6987 (4797) of the Code.-McGee v. State, 115 Ala. 135 (22 So. 113). Indictment need not now allege a game was played;" Code form cures this.-Rosson's case, 92 Ala. 76 (9 So. 357); Clayborne's case, 103 Ala. 53 (15 So. 842) (Tolbert's case, 87 Ala. 29 [6 So. 284]; Collins's case, 70 Ala. 19; Dreyfus's case, 83 Ala. 54 [3 So. 430], explained). Indictment charging offense of betting is not supported by proof of playing only. Chambers's case, 77 Ala. 80. Act of gaming may violate several laws; conviction under either statute for act charged bar to other prosecution.McVay v. State, 100 Ala. 110 (14 So. 862). When election may be compelled in prosecution for gaming.-Wickard v. State, 109 Ala. 45 (19 So. 491). Statute requiring appearance bond as a condition precedent to jury trial not unconstitutional.-Howard v. State, 128 Ala. 43 (29 So. 580). The game backgammon not prohibited.-Wetmore's case, 55 Ala. 198. Raffling with dice prohibited.-McInnis's case, 51 Ala. 23. Throwing dice for money or drinks, sufficient.-Jones's case, 26 Ala. 155. Engaging in a raffle, where the winner is determined by throwing dice, prohibited.-Johnson's case, 83 Ala. 65 (3 So. 790). Playing once, sufficient.-Cameron's case, 15 Ala. 383; Swallow's case, 20 Ala. 30. Words "device” and “substitute” not of same meaning.— 66 |