THE CRIMINAL CODE. CHAPTER 119. ABDUCTION AND KIDNAPPING. 4301-4304. 4301 (3743) (4309) (3666) (124). Forcible marriage, etc., of woman. Any person, who unlawfully takes any woman against her will, and, by menace, force, or duress, compels her to marry him or any other person, or to be defiled, or who unlawfully takes any woman against her will with the intent to compel her, by menace, force, or duress, to marry him or any other person, or to be defiled, must, on conviction, be imprisoned in the penitentiary for not less than five years. (Form 28.) 4302 (3744) (4310) (3667) (125). Taking girl under fourteen, from father, etc., for prostitution or marriage.-Any person, who takes any girl under fourteen years of age from her father, mother, guardian, or other person having the legal charge of her, for the purpose of prostitution, concubinage, or marriage, must, on conviction, be imprisoned in the penitentiary for not less than two years. Prostitution defined-is more than enticing away for one act of illicit intercourse.-Haygood's case, 98 Ala. 61. p. 244. 4303 (3745) (4322) (3688) (145). Decoying off or detaining Feb. 4, 1893, children. Any person, who unlawfully takes or decoys away any child with intent to detain or conceal it from its parents, guardian, or other person having the lawful charge of it, or who unlawfully detains any child from its parents, guardian, or other person having lawful charge of it, must, on conviction, be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than two years. (Form 33.) 4304 (3746) (4323) (3689) (146). Kidnapping.-Any person, who forcibly or unlawfully confines, inveigles, or entices away another, with the intent to cause him to be secretly confined, or imprisoned against his will, or to be sent out of the state against his will, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than ten years. (Form 56.) Gandy's case, 81 Ala. 68. As amended Dec. 13, CHAPTER 120. ABORTION. 4305 (4022) (4192) (3605) (64). Attempts to procure abortion. 1894, p. 181. Any person, who willfully administers to any pregnant woman any drug or substance, or uses or employs any instrument, or other means, to procure her miscarriage, unless the same is necessary to preserve her life, and done for that purpose, must, on conviction, be fined not more than five hundred dollars, and imprisoned in the penitentiary for hot less than two, nor more than five years. CHAPTER 121. ABUSIVE, INSULTING, OR OBSCENE LANGUAGE. 4306 (4031) (4203) (3613) (76). Using obscene or insulting language in presence of females, etc.-Any person who enters into, or goes sufficiently near to the dwelling-house of another, and, in the presence or hearing of the family of the occupant thereof, or any member of his family, or any person, who, in the presence or hearing of any female, uses abusive, insulting or obscene language, must, on conviction, be fined not more than two 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 3.) Constituents of the offense.-Benson's case, 68 Ala. 513. As to this offense before the present section, see Henderson's case, 63 Ala. 193; Ivey's case, 61 Ala. 58; Comer's case, 62 Ala. 320. Sufficiently near to be heard, regarded as in the presence.-Henderson's case, 63 Ala. 193. The words "If you don't give up my pistol, I'll knock your brains out, by God," held sufficiently insulting.-Benson's case, 68 Ala. 513. Meaning of dwelling-house, whether house of wife or husband.-Bragg's case, 69 Ala. 204. Indictment need not set out the words used; sufficient to pursue language of the statute.-Yancy's case, 63 Ala. 141; Weaver's case, 79 Ala. 279. Nor is it necessary to prove that the words were actually heard by the females.-Ib. And if the words are alleged, need not prove same words, but sufficient if there is no variance in the sense. Benson's case, 68 Ala. 544. Offense cannot be committed jointly, unless one person incites other to use the language.-Cox's case, 76 Ala. 66. But an acquittal of one would, on reversal, authorize a nol. pros. against him and trial of the other.-Ib. Witness may testify he was near enough to hear, but did not hear the language imputed to defendant.-Ib. Whether the language used was obscene or insulting is a question for the jury.-Carter's case, 107 Ala. 146. It is no defense that accused had no knowledge of the presence of the female. Laney's case, 105 Ala. 105. The first clause of the statute protects the home or any member of the family; the second, any female, anywhere and everywhere. McVay's case, 100 Ala. 110. Variance: An indictment under either clause will support conviction, on proof under other clause.-McVay's case, 100 Ala. 110. A witness may state that a third party could have heard certain language at a given distance.-McVay's case, 100 Ala. 110. That accused was in his own yard, quarreling with his own family, not intending for his langauge to be heard by his neighbor's family, is no defense.-Thomas's case, 92 Ala. 85; Mullen's case, 82 Ala. 42. Bad character of female no defense, but her habit of using generally, or to accused, the interdicted language is relevant, in mit |