Miscellaneous Offenses Concerning. 6995. (4806) (4066) (4136) (3579) (38) Refusal of witness to testify before grand jury as to gaming or lottery.-Any person who is summoned as a witness before the grand jury to answer as to any gaming or lottery within his knowledge, and who fails or refuses to attend and testify in obedience to such summons, without a good excuse, to be determined by the court, is guilty of a contempt, and also a misdemeanor, and, on conviction for such misdemeanor, must be fined not less than twenty nor more than three 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. Statute makes refusal offense, and prescribes punishment for the same. but not for the contempt, with which the statute has nothing to do.-Newsum's case, 78 Ala. 407. It is not necessary that witness be summoned, if he appear.-Ib. See, also, Drake's case, 60 Ala. 62. 6996. (4807) (4067) (4217) (3629) (87) Judicial and executive officers' authority and duty in gaming cases.-Judges of the circuit, city, and county courts, justices of the peace, sheriffs, constables, and the judicial and executive officers of any incorporated city or town, have authority, and it is their duty. on receiving information, or having good cause to believe that any person is violating, or has violated the provisions of section 6985 (4795), to cause such person to be arrested and carried before some judicial officer having jurisdiction of the offense; and the officer before whom he is carried, if it appears from the evidence that he is guilty, must require him to give bail for his appearance at the next term of the court having jurisdiction of the offense, and, on his failure to do so, must commit him to the county jail. (Clay's Digest, p. 433, § 13.) 6997. (4808) (4068) (4445) (3616) (74) Carrying on or representing lottery; selling tickets in same.—Any person who sets up, carries on, or is concerned in setting up or carrying on any lottery or device of like kind, or any gift enterprise. or any scheme in the nature of a lottery or gift enterprise; or who sells or disposes of any lottery or gift enterprise ticket, or ticket in any scheme in the nature of a lottery or gift enterprise; or who shall receive money or take an order for any lottery or gift enterprise ticket, or any ticket in any scheme in the nature of a lottery or gift enterprise; or who is interested or concerned in selling or disposing of any ticket in any lottery or gift enterprise, or scheme in the nature of a lottery or gift enterprise; or who shall act for or represent any other person in selling or disposing of any such ticket, must, on the first conviction, be fined not less than twenty-five nor more than five hundred dollars; and on the second conviction, must Miscellaneous Offenses Concerning. be fined not less than fifty nor more than five hundred dollars, and must also be imprisoned in the county jail, or sentenced to hard labor for the county, for not less than thirty nor more than ninety days; and on the third, or any subsequent conviction, must be fined not less than one hundred nor more than one thousand dollars, and must also be imprisoned in the county jail, or sentenced to hard labor for the county, for not less than six, nor more than twelve months. (Form 70 [58].) Note. During the early history of the state it seems to have been a fad to raise money for educational, charitable and religious purposes by lotteries, during which time the legislature was flooded with bills to provide for carrying on these schemes for these purposes, which was checked by a constitutional provision prohibiting such schemes and such legislation. See Toulmin's Digest, pp. 377 et seq. (Aikin's Digest, p. 209, § 2; p. 211, §§ 11, 12; Clay's Digest, p. 434, § 20; p. 483, § 41; Feb. 16, 1891, p. 757.) Lottery defined.-Buckalew's case, 62 Ala. 334. A machine operated by a wheel which revolves around a stationary arrow, containing clots, held to be a device for carrying on a lottery.-Johnson v. State, 137 Ala. 101 (34 So. 1018). No conflict between this section and act of February 13, 1897.-Johnson v. State, 137 Ala. 101 (34 So. 1018), McClellan, C. J., dissenting. No defense that owner had a license.-Johnson v. State, 137 Ala. 101 (34 So. 1018). Gift enterprise is a game for the divis ion or distribution of property and is determined by chance.-State v. Shugart, 138 Ala. 86 (35 So. 28). Issuing trading stamps not carrying on a lottery within the meaning of the statute.-State v. Shugart, 138 Ala. 86 (35 So. 28). Criminal jurisdiction conferred upon justice of the peace by special statute.-Ex parte Joice & Smith, 88 Ala. 128 (7 So. 3). Cannot establish lotteries under pretext of granting charter to charitable association.-Power of legislature to confer exclusive privileges.-Horst v. Moses, 48 Ala. 129 (see 46 Ala. 329). Action to recover money collected on lottery ticket.Gipson v. Knard, 96 Ala. 419 (11 So. 482), see 130 Ala. 313 (30 So. 431). Solicitor's fees for conviction under statute.-Ex parte Tompkins, 58 Ala. 71; Ex parte Hawkins, 89 Ala. 103 (8 So. 19), Game of "keno" not a lottery.-Eslava's case, 44 Ala. 406. What is a "device of like kind.”— Chavannah's case, 49 Ala. 396. Selling lottery tickets is being "concerned in carrying on" a lottery.-Salomon's case, 27 Ala. 26. Resale of lottery ticket by one entirely disconnected with lottery, is no violation of statute; but otherwise, if connected with the lottery.-Salomon's case, 28 Ala. 83. Evidence tending to prove being "concerned in,' ," etc.-Ib. Selling tickets in foreign lottery as proof of being concerning in such lottery; when burden on defendant to disprove charge.-Ib. Not necessary to prove that party himself sold lottery ticket; may be through an agent.-Mark's case, 45 Ala. 38. Insufficient description of "being concerned in" lottery, in undertaking of bail.-Keipp's case, 49 Ala. 337. Indictment in Code form sufficient.— Salomon's case, 27 Ala. 261. A disc on which an arrow revolves and points to numbers at which prizes are placed, and parties pay for the privilege of whirling the arrow on terms that they receive the prize designated by the number at which the arrow shall stop, is a lottery.-Reeves's case, 105 Ala. 120 (17 So. 104); Buckalew's case, 62 Ala. 334; Yellowstone Kit's case, 88 Ala. 196 (7 So. 338). It is not carrying on a lottery to distribute prizes among ticket holders who have paid nothing for the tickets.-Yellowstone Kit's case, 88 Ala. 196 (7 So. 338). There is no law which prohibits the gratuitous distribution of one's own property by lot, nor is it per se morally wrong. Ib. See, also, Ex parte Hawkins, 89 Ala. 103 (8 So. 19). 6998. Wheel of fortune, slot machine, device of chance, or Feb. 13. raffling.-Any person who sets up, carries on, or operates any 1897, p. wheel of fortune, slot machine, or any device of chance, or 901, § 1. Miscellaneous Offenses Concerning. scheme of raffling, or any person who sells tickets or chances in such devices or scheme of raffling, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than fifty dollars. 6999. (4809) (4069) (4446) Grand juries have no discretion. -Grand juries shall have no discretion as to finding indictments for violations of the three preceding sections, and it shall be their duty, if the evidence justifies it, to find and present indictments for every such violation. (Feb. 7, 1876, p. 289; Feb. 16, 1891, p. 757, § 2.) 7000. (4810) Selling pools on events outside the state.-Any person who, either as a principal or agent, sells any pool, ticket, chance, or other device, or makes or takes any wager, or enters into any transaction whereby money or other valuable thing may be won or lost upon any prize fight, drill, baseball game, or other contest, taking place outside this state; or any person who acts as agent for any other person in procuring or placing outside this state for such other person any pool, ticket, chance, wager, or other device, or does anything in this state to aid any other person in entering into any transaction whereby he may win or lose money or other valuable thing upon any horse race, prize fight, drill, baseball game, or other contest taking place outside this state, must, upon conviction, be fined not less than twenty-five nor more than five hundred dollars for the first offense, and upon a second conviction shall be sentenced to imprisonment in the county jail, or to hard labor for the county, for thirty days; and upon each further conviction, shall be sentenced to sixty days' hard labor for the county. (Feb.-18, 1895, p. 923.) Statute to suppress gambling, betting on horse racing, selling pools, etc., not unconstitutional.-State v. Stripling, 113 Ala. 120 (21 So. 409). Legislature may punish some species of gaming without punishing others; state may protect the lives or morals of its people against practices which are carried on through the instrumentalities of interstate commerce. State v. Stripling, 113 Ala. 120 (21 So. 409). Equity no jurisdietion to enjoin arrests for alleged violations of gaming statutes.-Old Dominion Tel. Co. v. Powers, 140 Ala. 220 (37 So. 195). 7001. (4811) Jurisdiction and duty of municipal officers in pool-selling and lottery cases.-The mayor or other judicial officer of every incorporated city or town shall have concurrent jurisdiction with the circuit or city courts of every violation of sections 6997 (4808) and 7000 (4810) within the corporate limits of their respective cities and towns, and outside of such limits to the distance of five miles therefrom within their respective counties; and the police or other executive officers of such city or town have authority, on receiving information, or having good cause to believe that any person Horse-Racing, Gaming as to. is violating or has violated said sections within such territory, to arrest such person and carry him before the mayor or other judicial officer for trial. (Feb. 16, 1891, p. 757; Feb. 18, 1895, p. 923.) 1897, p. 581, § 1. 7002. Selling or buying pools or books on horse racing. Feb. 5, Any person who shall buy or sell a pool, or any interest or share in such pool, or shall make or take a book, upon the running, pacing, or trotting, or what purports to be the running, pacing, or trotting, either within or without this state, of any mare, horse, or gelding, or upon any horse race, or upon what purports to be any horse race, whether within or without this state, shall be guilty of a misdemeanor, and must, on conviction, be fined not less than fifty 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. 7003. Money given or taken for betting on horse race. Ib., § 2. Any person who shall give to or take or receive from another any money or other thing of value to be bet or hazarded, or to be used in buying any pool, or any interest in any pool, upon the event of any horse race, either within or without this state, shall be guilty of a misdemeanor, and must, on conviction, be punished as provided in the preceding section. 7004. Carrying on business of book-making or pool-selling. Ib.. 3. -Any person or corporation who shall carry on or conduct the practices commonly known as book-making or pool-selling, or either of them, or shall keep a place to which persons shall resort for engaging in such practices, or either of them, or for betting upon the event of any horse race, or other race or contest, either within or without this state, shall be guilty of a misdemeanor, and must, on conviction, be punished by a fine of not less than one hundred nor more than five hundred dollars, and by imprisonment in the county jail for not less than one month nor more than one year. 7005. Franchise of corporation engaged in book-making or Ib.. § 4. pool-selling forfeited.--If any corporation of this state shall be convicted of a violation of any of the provisions of this article, it shall have the effect to dissolve such corporation, and to render forfeit and void its corporate franchise and powers, without any other or further proceedings to that end. 6569, 6542, 6939, 6645, 6940, 6950, 6951, 7125, 7396-7405, 7510-7515, 7779 GRAVEYARDS IN TOWNS AND CITIES (Political Code) .... 3421 .6748-6753 1309, 1310 86- 97 |