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61-8-21 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Search Warrants Relating to Cruelty to Animals |
If complaint is made to a court or magistrate which is authorized to issue warrants in criminal cases that the complainant believes, and has reasonable cause to… |
Proofed
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61-8-22 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Search Warrants Relating to Birds and Animals Kept for Fighting |
If complaint is made to a court or magistrate authorized to issue warrants in criminal cases that the complainant believes, and has reasonable cause to believe,… |
Proofed
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61-8-23 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Search Without Warrant Where There is an Exhibition of the Fighting of Birds or Animals |
Any officer authorized to serve criminal process may, without warrant, enter any place, building, or tenement in which there is an exhibition of the fighting of… |
Proofed
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61-8-24 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Cruelty to Children |
Any person who shall cruelly ill treat, abuse, or inflict unnecessarily cruel punishment upon, any infant or minor child, and any person, having the care, custo… |
Proofed
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61-8-25 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Requiring Children to Beg, Sing, or Play Musical Instruments in Streets |
Any person, having the care, custody, or control, lawful or unlawful, of any minor child under the age of eighteen years, who shall use such minor, or apprentic… |
Proofed
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61-8-26 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Permitting Children to Sing, Dance or Act in Dance House |
Any person, having the care, custody, or control of any minor child under the age of fifteen years, who shall in any manner sell, apprentice, give away or permi… |
Proofed
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61-8-27 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Chastity, Morality and Decency |
Unlawful Admission of Children Therein |
Any proprietor or any person in charge of a dance house, concert saloon, theater, museum, or similar place of amusement, or other place, where wines or spirituo… |
Proofed
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61-9-1 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Definition of Terms |
For the purposes of this article the terms “place,” “person,” “nuisance” are defined as follows: “Place” shall include any building, structure, erection or plac… |
Proofed
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61-9-2 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Maintenance of Nuisance; Injunction |
Any person who shall use, occupy, establish or conduct a nuisance as defined in section one, or aid or abet therein, and the owner, agent, or lessee of any inte… |
Proofed
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61-9-3 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Suit to Enjoin; by Whom Instituted |
Whenever a nuisance exists, the attorney general of the State, the prosecuting attorney of the county wherein the same exists, or any person who is a citizen, r… |
Proofed
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61-9-4 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Venue; Procedure; Temporary Injunction; Order Closing Place; Vacation of Orders; Bond |
Such suit shall be brought in the circuit court of the county in which the property is located, or in any other court of the county having equity jurisdiction. … |
Proofed
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61-9-5 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Prima Facie Evidence of Nuisance; Prosecution of Complaint; Dismissal; Costs; Permanent Injunction |
In such suit evidence of the general reputation of the place, or an admission or finding of guilt of any person under the criminal laws against prostitution, le… |
Proofed
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61-9-6 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Order of Abatement; Sale of Personal Property; Renewal of Bond or Continuance of Closing Order; Release of Property; Breaking in or Entering Closed Property; Sheriff’s Fees |
If the existence of such nuisance be admitted or established in a suit as provided in this article, an order of abatement shall be entered as part of the decree… |
Proofed
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61-9-7 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Nuisance Disclosed in Criminal Proceedings; Proceeds From Sale of Personal Property |
In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, it shall be the duty of the prosecu… |
Proofed
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61-9-8 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Violation of Injunction or Closing Order ; Trial; Penalty |
In case of the violation of any injunction or closing order granted under the provisions of this article, or the commission of any contempt of court in proceedi… |
Proofed
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61-9-9 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Permanent Injunction; Tax Imposed on Property |
Whenever a permanent injunction is granted against any person or persons for maintaining a nuisance as in this article defined, there shall be imposed upon such… |
Proofed
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61-9-10 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Notice to Collect Tax |
When such nuisance has been found to exist under any equity proceedings as in this article provided, and the owner or agent of such place whereon the same has b… |
Proofed
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61-9-11 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Equitable Remedies in Aid of Chastity, Morality and Decency |
Effect of Holding Any Part of Article Unconstitutional |
Should any provision or section of this article be held unconstitutional, such fact shall not be held to invalidate the other provisions and sections hereof. |
Proofed
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61-10-1 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Keeping or Exhibiting Gaming Table or Device; Seizure Thereof; Forfeiture of Money Used in Such Gaming; Penalty |
Any person who shall keep or exhibit a gaming table, commonly called A. B. C. or E. O. table, or faro bank, or keno table, or any other gaming table or device o… |
Proofed
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61-10-2 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Permitting Gaming Table or Device on Premises; Penalty |
If any person knowingly permit a gaming table, bank or device, such as is mentioned in the preceding section, to be kept or exhibited on any premises in his occ… |
Proofed
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61-10-3 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Unlawful to Act as Doorkeeper, Guard or Watch for Keeper of Gaming Table or Device; Penalty |
If any person shall act as doorkeeper, guard or watch, or employ another person to act as such, for a keeper or exhibitor of any such gaming table, bank or devi… |
Proofed
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61-10-4 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Playing or Betting at Gaming Tables and Devices; Playing or Betting on Games at Hotels and Public Places; Penalty |
If any person bet or play at any such gaming table, bank or device as is mentioned in the first section of this article, or if, at any hotel or tavern, or other… |
Proofed
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61-10-5 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Betting on Games of Chance; Furnishing Money or Thing of Value Therefor; Penalty |
If any person at any place, public or private, bet or wage money or other thing of value on any game of chance, or shall knowingly furnish any money or other th… |
Proofed
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61-10-6 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Permitting Gaming at Hotels; Penalty |
If the keeper of a hotel or tavern permit unlawful gaming at his house, or at any outhouse, booth, arbor, or other place appurtenant thereto or held therewith, … |
Proofed
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61-10-7 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Presumption Against Hotel Keeper |
In a prosecution under the preceding section, if the gaming be proved, it shall be presumed it was permitted by the keeper of the hotel, unless it appear that h… |
Proofed
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61-10-8 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Gaming at Outhouse of Hotel; Penalty |
If the keeper of a hotel or tavern let or hire to another person any outhouse or other place, which has been at any time appurtenant to or held with the house k… |
Proofed
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61-10-9 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Cheating at Gaming; Penalty |
If any person playing at any game, or making a wager, or having a share in any stake or wager, or betting on the hands or sides of others playing at any game or… |
Proofed
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61-10-10 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Pool Room Defined; Selling Tickets and Chances Thereat; Penalty |
The word “pool room,’’ wherever the same is used in this section, shall be held and construed to mean any room where any pool ticket, chance, voucher or certifi… |
Proofed
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61-10-11 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Lotteries; Penalty |
If any person shall set up or promote or be concerned in managing or drawing a lottery or raffle, for money or other thing of value, or knowingly permit such lo… |
Proofed
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61-10-12 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Proceeds of Lottery Forfeited to the State |
All money and things of value drawn or proposed to be drawn by an inhabitant of this State, and all money or other things of value received by such person by re… |
Proofed
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61-10-13 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Associations and Companies Trading as Bank Without Authority of Law; Penalty |
All members of any association or company that shall trade or deal as a bank, or carry on banking, without authority of law, and their officers and agents there… |
Proofed
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61-10-14 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Laws on Gaming, Lotteries, and Unchartered Banks Remedial |
All laws for suppressing gaming, lotteries and unchartered banks shall be construed as remedial. |
Proofed
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61-10-15 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Pecuniary Interest of County and District Officers, Teachers and School Officials in Contracts; Offering or Giving Compensation; Penalties |
It shall be unlawful for any member of a county court, overseer of the poor, district school officer, secretary of a board of education, supervisor or superinte… |
Proofed
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61-10-16 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Picture or Theatrical Act Reflecting Upon Any Race or Class of Citizens; Penalty |
It shall be unlawful for any person, corporation or company to advertise, exhibit, display or show any picture or theatrical act in any theater or other place o… |
Proofed
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61-10-17 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Lobbying on Floor of Legislature; Ejection of Lobbyist; Penalty; Jurisdiction |
It shall be unlawful for any person to lobby for or against any measure on the floor of either house of the legislature while the same is in session. If any per… |
Proofed
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61-10-18 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Conducting Bucket Shop; Penalty |
If any person shall carry on in this State what is commonly known as a bucket shop, or act as agent for any person, firm or corporation carrying on such busines… |
Proofed
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61-10-19 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
Crimes Against Public Policy |
Cornering Market in Foods or Other Necessities of Life; Penalty |
It shall be unlawful for any person or body of persons buying or selling any food stuffs, fuel or any article or articles pertaining to necessities of life, eit… |
Proofed
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61-11-1 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Classification of Offenses |
Offenses are either felonies or misdemeanors. Such offenses as are punishable with death or confinement in the penitentiary are felonies; all other offenses are… |
Proofed
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61-11-2 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Capital Punishment |
No crime shall be punished with death unless it be directed by statute. |
Proofed
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61-11-3 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Punishment for Common Law Offenses |
A common law offense for which punishment is prescribed by statute shall be punished only in the mode so prescribed. |
Proofed
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61-11-4 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Corruption of Blood and Forfeiture of Estate Abolished |
No suicide or attainder of felony shall work corruption of blood or forfeiture of estate. |
Proofed
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61-11-5 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
No Merger of Civil Remedy by Commission of Felony |
The commission of a felony shall not stay or merge any civil remedy. |
Proofed
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61-11-6 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Punishment of Principals in the Second Degree and Accessories; Who Not Deemed Accessories After the Fact |
In the case of every felony, every principal in the second degree, and every accessory before the fact, shall be punishable as if he were the principal in the f… |
Proofed
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61-11-7 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Prosecution of Accessories |
An accessory, either before or after the fact, may, whether the principal felon be convicted or not, or be amenable to justice or not, be indicted, convicted, a… |
Proofed
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61-11-8 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Attempts; Classification and Penalties Therefor |
Every person who attempts to commit an offense, but fails to commit or is prevented from committing it, shall, where it is not otherwise provided, be punished a… |
Proofed
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61-11-9 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Limitation of Prosecutions; Lost Indictment |
A prosecution for committing or procuring another person to commit perjury shall be commenced within three years next after the perjury was committed. A prosecu… |
Proofed
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61-11-10 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Venue of Offenses |
Prosecutions for offenses committed, wholly or in part, without, and made punishable within, this State, may be in any county in which the offender may be found… |
Proofed
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61-11-11 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Offense Committed on County Boundary |
An offense committed on the boundary of two counties may be alleged to have been committed, and may be prosecuted and punished, in either county. |
Proofed
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61-11-12 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Injury and Death in Different Counties |
If a mortal wound or other violence or injury be inflicted, or poison be administered, in one county, and death ensue therefrom in another county, the offense m… |
Proofed
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61-11-13 |
Ch. 61 — CRIMES AND THEIR PUNISHMENT |
General Provisions Concerning Crimes |
Former Acquittal on Merits |
A person acquitted by the jury upon the facts and merits on a former trial may plead such acquittal in bar of a second prosecution for the same offense, notwith… |
Proofed
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