CHAPTER 155. FUGITIVES FROM JUSTICE. 4777-4791. 4777 (4746) (3976) (4348) (797). Governor authorized to offer reward for absconding felons.-Whenever a felony has been committed, and the perpetrator thereof is unknown, or when, being known, he absconds before being arrested, or escapes from custody, either before or after conviction, the governor is authorized, in his discretion, to offer by proclamation a reward, not exceeding four hundred dollars, for the apprehension or rearrest of such person, within five years from the date of such proclamation; and to draw his warrant on the state treasurer for the amount of such reward, when necessary to be paid.. 4778 (4747) (3977) (4349) (798). Fugitive from other state delivered up on demand of executive.-Any person, charged in any state or territory of the United States, with treason, felony, or other crime, who shall flee from justice, and be found in this state, must, on the demand of the executive authority of the state or territory from which he fled, be delivered up by the governor of this state, to be removed to the state or territory having jurisdiction of such crime. Morrell v. Quarles, 35 Ala. 544; Ex parte State, 73 Ala. 503; Cunningham v. Baker, 104 Ala. 170. 4779 (4748) (3978) (4350) (799). Warrant of arrest issued by magistrate.-A warrant for the apprehension of such person may be issued by any magistrate who is authorized to issue a warrant of arrest. Cunningham v. Baker, 104 Ala. 170. 4780 (4749) (3979) (4351) (800). Arrest and commitment; copy of indictment or other judicial proceedings conclusive evidence. The proceedings for the arrest and commitment of the person charged are in all respects similar to those provided in this Code for the arrest and commitment of a person charged with a public offense, except that an exemplified copy of an indictment found, or other judicial proceedings had against him in the state or territory in which he is charged to have committed the offense, must be received as conclusive evidence before the magistrate. 4781 (4750) (3980) (4352) (801). Commitment to await requisition of governor; bail.—If, from the examination, it appears that the person charged has committed the crime alleged, the magistrate must, by warrant reciting the accusation, commit him to jail for a time specified in the warrant, which the magistrate deems reasonable, to enable the arrest of the fugitive to be made, under the warrant of the executive of this state on the requisition of the executive authority of the state or territory in which he committed the offense, unless he give bail as provided in the next section, or until he is legally discharged. 4782 (4751) (3981) (4353) (802). Bailed except in capital cases; condition and requisites of bond.-The magistrate must, unless the offense with which the fugitive is charged is shown to be an offense punished capitally by the laws of the state in which it was committed, admit the person arrested to bail, by bond or undertaking, with sufficient sureties, and in such sum as he deems proper, for his appearance before him at a time specified in such bond or undertaking, and for his surrender, to be arrested upon the warrant of the governor of this state. 4783 (4752) (3982) (4354) (803). When discharged on bail.—If such person is not arrested on the warrant of the governor before the expiration of the time specified in the warrant, bond, or undertaking, he must be discharged from custody on bail. 4784 (4753) (3983) (4355) (804). Jail fees paid in advance.-No jailer is bound to receive any person committed under a warrant issued under the provisions of this chapter, until his jail fees for the time specified in such warrant are paid in advance. 4785 (4754) (3984) (4356) (805). Forfeiture of bail; proceedings; indorsement of magistrate as evidence.-If the fugitive is discharged on bail, and fails to appear or surrender himself according to his bond or undertaking, the magistrate must indorse thereon. "forfeited," sign his name thereto, and return it to the clerk of the circuit court by the first day of the next term; and a conditional judgment must be rendered thereon, and proceedings had, as in case of bonds or undertakings forfeited in that court, the indorsement of the magistrate being presumptive evidence of the forfeiture. 4786 (4755) (3985) (4357) (806). At expiration of time, discharged, bailed, or recommitted. At the expiration of the time specified in the warrant, the magistrate may discharge or recommit him to a further day, or may take bail for his appearance and surrender, as provided in section 4782 (4751); and on his appearance, or if he has been bailed and appear according to the terms of his bond or undertaking, the magistrate may either discharge him therefor, or may require him to enter into a new bond or undertaking, to appear and surrender himself at another day. 4787 (4756) (3986) (4358) (807). If prosecution pending here, surrender discretionary.-If a criminal prosecution has been instituted against such person under the laws of this state, the governor may or not, at his discretion, surrender such person on the demand of the executive of another state, before he has been tried and punished, if convicted, or discharged. 4788 (4757) (3987) (4359) (808). Governor's warrant; directed to whom.-A warrant from the executive may be directed to the sheriff, coroner, or any other person whom he may think fit to intrust with the execution of the same. 4789 (4758) (3988) (4360) (809). Executed where and how. Such warrant authorizes the officer or person to whom it is directed to arrest the fugitive at any place within the state, and to require the aid of all sheriffs and constables, to whom the same is shown, in its execution. 4790 (4759) (3989) (4361) (810). Authority of arresting officers, etc.-Every such officer or person has the same authority, in arresting the fugitive, to command assistance therein, as sheriffs and other officers by law have in the execution criminal process directed to them, with the like penalties on those who refuse their assistance. 4791 (4760) (3990) (4362) (811). Confinement in jail; when necessary. The officer or person executing such warrant may, when necessary, confine the prisoner arrested by him in the jail of any county through which he may pass; and the keeper of such jail must receive and safely keep the prisoner until the person having charge of him is ready to proceed on his route, such person being chargeable with the expense of keeping. CHAPTER 156. GAMING AND LOTTERIES. 4792-4811. 4792 (4052) (4207) (3620) (78). Card and dice playing at public houses and other public places.-Any person, who plays at any game with cards or dice, or any device or substitute therefor, at any tavern, inn, 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 24.) 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. Playing once, sufficient.-Cameron's case, 15 Ala. 383; Swallow's case, 20 Ala. 30. Words "device" and "substitute" not of same meaning.-Henderson's case, 59 Ala. 89. Dominoes as a substitute for cards in playing euchre.-See Harris's case, 31 Ala. 362; s. c., 33 Ala. 373. No matter what secrecy observed, if playing done at public house, or other place specially mentioned.-Windham's case, 26 Ala. 69. 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; Thompson's case, 99 Ala. 173. 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 the 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. 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. "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. But a contrary rule is laid down in decisions on betting in a public place, etc.-See Napier's case, 50 Ala. 168. 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. Held to be public house in each of the following cases: A room in a warehouse 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. 596. 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; Pickens's case, 100 Ala. 127; Downey's case, 110 Ala. 99. 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 seventyfive yards of public road, if visible from road, forbidden.-Franklin's case, 91 Ala. 23. If the playing was in an inn or tavern, it is immaterial that the room was a bedroom.-McCalman's case, 96 Ala. 98. 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. Indictment need not now allege a “game was played"; Code form cures this.-Rosson's case, 92 Ala. 76; Clayborne's case, 103 Ala. 53 (Tolbert's case, 89 Ala. 29; Collins's case, 70 Ala. 19; Dreyfus's case, 83 Ala. 54, explained). Indictment charging offense of betting is not supported by proof of playing only.—Chambers's case, 77 Ala. 80. 4793 (4053) (4207) (3620) (78). Same; exceptions; burden of proof.-A conviction must not be had under the preceding section, if it is shown on the trial that the playing occurred at any house, room, or building attached to a public watering-place, and under the control of the owner or lessee of such watering-place, or at a house, room, or building in the use and occupancy of any social club or literary society incorporated under the laws of this state, and that in the room in which such playing occurred spirituous, vinous, or malt liquors were not kept, retailed, sold, or given away, and that nothing of value was bet on such playing. 4794 (4054) (4807) (4134) (584). Indictment and proof of gaming. In an indictment for gaming under the second preceding section, it is not necessary to state the name of the game played; it is sufficient to charge that the defendant "played at a game with cards, or dice, or some device or substitute therefor," in one or more of the places enumerated in that section, or in a public place; and it is not necessary to prove on the trial what the game was called. The statute dispenses with the necessity of alleging or proving the kind of game.--McInnis's case, 51 Ala. 23; citing Holland's case, 3 Port. 292. Design of statute was to dispense with technicalities.-Atkyns's case, 1 Ala. 180. Form in Code sufficient; not unconstitutional.-Burdine's case, 25 Ala. 60; Burnett's case, 30 Ala. 19; Harris's case, 31 Ala. 362. Alleging a game "of" cards, etc., instead of "with" cards, etc., sufficient.-Cochran's case, 30 Ala. 542. Also sufficient to allege "played at cards" instead of "at a game with cards." Coggins's case, 7 Port. 263; Holland's case, 3 Port. 292. Need not allege ownership of public house.-Atkyns's case, 1 Ala. 180. Cannot join different persons in same indictment, unless they played at same game; variance on proof of a separate game.-Lindsey's case, 48 Ala. 169. Election by prosecutor, when is, and when not required.-Smith's case, 52 Ala. 384; Elam's case, 26 Ala. 48; Cochran's case, 30 Ala. 542. Proof must show the character of the house at the time of playing.-Logan's case, 24 Ala. 182; Mitchell's case, 55 Ala. 160. See also Coleman's case, 3 Ala. 14. Defendant's want of knowledge of character of place, no excuse; it is duty of persons to see that they do not play at a prohibited place.-Johnson's case, 75 Ala. 7. Witness may testify to cardplaying without giving a particular description of the game.--Johnson's case, 74 Ala. 537. When witness not an accomplice.-Smith's case, 37 Ala. 472. When defendant was seen with cards in hand with others, question for jury to say whether he was playing.-Henderson's case, 59 Ala. 89. 4795 (4055) (4208) (3621) (79). Keeping gaming-table.-Any person, who keeps, exhibits, or is interested or concerned in keeping or exhibiting any table for gaming, of whatsoever name, kind, or description, not regularly licensed under the laws of this state, shall be guilty of a felony, and, on conviction thereof, must be fined not. less than one hundred, nor more than five hundred dollars, and shall also be imprisoned in the penitentiary for not less than six months, nor more than two years; and, on a second or any subsequent conviction, shall be imprisoned in the penitentiary for not less than two, nor more than five years. (Form 55.) The kind of table is not confined to banking-tables, such as faro, roulette, etc., but includes tables for games of cards, such as "draw-poker," etc. Wren's case, 70 Ala. 1. Any table, even a plank, kept and used for gaming, although without any particular device or appliance, and though not used for any particular game, is a "table for gaming" within the statute.-Toney's case, 61 Ala. 1. The statute is swelled at the use.-Bibb's case, 83 Ala. 84; Bibb's case, 84 Ala. 13; Toney's case, 61 Ala. 1. Game of "keno" is within the statute.-Miller's case, 48 Ala. 122. What does not show a sufficient violation of the statute, as to the use of the table.-Owens's case, 52 Ala. 213. What constitutes the keeping or "being interested or concerned in keeping," etc. Miller's case, 48 Ala. 122; Wren's case, 70 Ala. 1; Bibb's case, 84 Ala. 13; Bibb's case, 83 Ala. 84. Indictment need not allege, nor need it be proved, that any money was bet at the table.-Whitworth's case, 8 Port. 434. Two or more persons may be joined, and only one convicted.-Covy's case, 4 Port. 186. The punishment is both fine and imprisonment-fine assessed by jury, imprisonment fixed by court.-Bibb's case, 83 Ala. 84. 4796 (4056) (4808) (4135) (585). Indictment for, and proof of keeping or exhibiting gaming-tables, etc.-In an indictment for keeping or exhibiting a gaming-table under the preceding section, it is sufficient to charge, in general terms, that the defendant kept, exhibited, or was interested or concerned in keeping or exhibiting, a gaming-table for gaming, without describing the table more particularly, or alleging in what manner the defendant was interested or concerned in keeping or exhibiting it; nor is it necessary to allegeor prove that any money was bet at the table. (Form 55.) Bibb's case, 83 Ala. 84; Bibb's case, 84 Ala. 13. 4797 (4057) (4209) (3622) (80). Betting at cards, dice, etc. Any person, who bets or hazards any money, bank-notes, or other thing of value, at any gaming-table prohibited by section 4795 |