The Code of Alabama: Criminal

Formal Pleas and Pleas in Abatement.

7. Plea of Former Jeopardy.

Comes the defendant (in his own proper person, or by attorney), and for plea says: He has once been in jeopardy for the offense of which he is now charged in this indictment; and that at the court, towit, on the -of

term of

day

the defendant was in due form arraigned and pleaded not guilty to the said offense charged, which was in substance as follows: (here set out the indictment, complaint, or affidavit charging the offense or the substance thereof), and that the defendant was thus put upon trial for such offense, and after he had plead to the same and was thus in jeopardy, that (here set out the matters and facts constituting the irregularity that would bar a subsequent prosecution for the same offense). All of which the defendant is ready to verify, and he prays judgment of this court that he be discharged from the premises in the present indictment specified.

Defendant or Attorney for Defendant.

8. Replication, General Form of.

Comes the solicitor and for replication to the defendant's plea, says: That the state ought not to be precluded from prosecuting the said indictment against the defendant on account of any fact stated in said plea, because he says:

(here set out the matter which constitutes the replication to the plea). All of which the solicitor is ready to verify, and he prays judgment that the defendant be convicted of the premises in said indictment alleged.

9. Replication to Plea of Jurisdiction.

(Solicitor.)

Comes the solicitor, and for replication to the defendant's plea to the jurisdiction of this court, says: Notwithstanding any facts or matters alleged by the defendant in his said plea, this court ought not to be excluded from taking further cognizance of this indictment, because (here set out the matter constituting the replication to said plea. All of which the solicitor is ready to verify, and he prays that the defendant may answer said indictment.

(Solicitor.)

Pleas of Guilty and Not Guilty.

The pleas of guilty and not guilty may be made either orally or in writing.

PLEADING AND PRACTICE IN CHANCERY (Civil Code)... .3087-3228 PLEAS (Civil Code).

.5330-5337, 5383

(Criminal Code)

PLEDGES (Civil Code)...

.7565-7573

.3301-3305, 5290-5295

POINTING WEAPONS AT ANOTHER (Criminal Code)..
POISONING SPRINGS, WELLS, RESERVOIRS, ETC. (Criminal Code)

6893

7575. (5329) (4076) (4240) (3682) (139) Poisoning springs, wells, etc.-Any person, who willfully or wantonly poisons any spring, fountain, well, or reservoir of water, must, on conviction, be imprisoned in the penitentiary for not less than ten nor more than twenty years. (Form 85 [69].)

(Clay's Digest, p. 419, § 13.)

7576. Placing or putting poison on premises of another, or on public road or place; penalty for.-Any person who willfully or wantonly places or deposits any poison or poisoned substance in the yard or other lands or premises of another without the consent of the owner thereof, or in any street, road, or other public place, is guilty of a misdemeanor, and, on conviction, shall be fined not less than fifty nor 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.

7577. (5332) (4077) (4242) (3683) (140) Poisons must be labeled. Any person who shall retail arsenic or any of its

1903, p.

preparations, corosive sublimate, white or red precipitate, amended, biniodide of mercury, cyanide of potassium, hydrocyanic acid, Oct. 1, strychnia, or any poisonous vegetable, alkaloids, or their salts, 372. $$1 or the essential oil of almonds, opium or its preparation, except and 2. paregoric, and other preparation of opium containing less than two grains to the ounce, aconite, belladonna, colchicum, conium, nux vomica, henbane, savine, ergot, cotton root, cantharides, creosote, veratrum, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic and oxalic acids, without labeling the box, vessel, or paper in which the said poisons are contained, with the name of the article, the word "Poison," and the name and place of business of the seller, and enter in a book kept for that purpose, the name of the purchaser, date of sale, the name of the poison, and the quantity purchased; or any person who shall sell or deliver any of the poisons enumerated in this section to a purchaser who is not aware of its poisonous character, and who does not represent that it is to be used for a legitimate purpose, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than fifty nor more than two hundred and fifty dollars. (Form 86.)

(Clay's Digest, p. 436, § 6; Feb. 28, 1887, p. 106, § 8.)

7578. The same; to what cases not applicable.-The pro- (r.c.c.) visions of the preceding section shall not apply to the dispensing of poisons in usual quantities or doses upon the prescription of licensed practitioners of medicine, nor to manufacturers making and selling poisons at wholesale.

CROSS REFERENCES.

POISONS; PENAL STATUTES CONCERNING (Criminal Code)....7575-7578
POLICE COMMISSION (Political Code)..

1231, 1232'
876

POLICE REGULATIONS (Political Code)
POLITICAL CAMPAIGNS; CONTRIBUTIONS TO (Criminal Code)... 6630
POLITICAL ORGANIZATION OF STATE (Political Code)...

POLITICAL PARTIES (Political Code).

POLLING JURY (Criminal Code).

POLLS (Political Code)....

POLL-TAX (Political Code)..

POLLUTING RUNNING STREAMS (Criminal Code).

POLLUTING WATERS (Criminal Code).

121 et seq.

POLLUTING WATER SUPPLY OF CITY OR TOWN (Criminal Code)... 7875

CHAPTER 273.

POOLS, MONOPOLIES, TRUSTS, AND COMBINES. 7579-7582.

SECTION.

7579. Forming pools or combina

tions to regulate the quan-
tity or price of products.

7580. Combinations to control cor-
porations with intent to fix
the price or production of
commodities.

SECTION.

7581. Monopolies, penalty for. 7582. Four preceding sections given in special charge to grand juries.

7579. (5557) Forming pools or combinations to regulate the quantity or price of products.-Any person or corporation who engages or agrees with other persons or corporations, or enters into, directly or indirectly, any combination, pool, trust, or confederation, to regulate or fix the price of any article or commodity to be sold or produced within this state, or any person or corporation who enters into, becomes a member of, or party to, any pool, agreement, combination, or confederation, to fix or limit the quantity of any article or commodity to be produced, manufactured, mined, or sold, in this state, must, on conviction, be fined not less than five hundred nor more than two thousand dollars. (Form 87.)

(Feb. 7, 1891, p. 438, § § 2, 3.)

7580. (5558) Combinations to control corporations with intent to fix the price or production of commodities.—Any corporation chartered under the laws of this state, or any officer, stockholder, agent, or employe of any such corporation, which enters into any combination with any other corporation or person with the intent to place the management or control of any such corporation in the hands of another corporation or person, and thereby limit or fix the price, restrict or diminish the production, manufacture, sale, use, or consumption of any article of commerce, must, on conviction, be fined not less than five hundred nor more than two thousand dollars.

7581. Monopolies, penalty for.-Any person or corporation, domestic or foreign, which shall restrain or attempt to restrain the freedom of trade or production, or which shall monopolize or attempt to monopolize the production, control, or sale of any commodity, or the prosecution, management, or control of any kind, class, or description of business; or which shall destroy, or attempt to destroy, competition in the manufacture or sale of a commodity, shall be guilty of a misdemeanor, and, upon

conviction, shall be fined not less than five hundred nor more than two thousand dollars for each offense.

7582. (5559) Four preceding sections given in special charge to grand juries.-The four preceding sections must be given in special charge to the grand jury.

CROSS REFERENCES.

POOLS, MONOPOLIES, TRUSTS, AND COMBINES (Criminal Code)..

7583. (5351) (4093) (4236) (3748) (201) Storing gunpow- (r.c.c.) der in city or town.-Any person who keeps on hand, at any one time, within the limits of any incorporated city or town, for sale or for use, more than fifty pounds of gunpowder, or other explosives, must, on conviction, be fined not less than one hundred dollars.

Whether storing gunpowder in town or city is a nuisance per se, and whether it is in violation of statute, see Kinney v. Koopman & Gerdes, 116 Ala. 310 (22 So. 593); Rudder v. Koopman & Gerdes, 116 Ala. 332 (22 So. 601), which cases seem to be in conflict.