Uttering, etc., obscene literature, etc.

"concealment " as is contemplated by section 13 (2 R. S. 374), of the act in relation to criminal pleading and practice. 57 Ind. 113. As to adultery, see 2 Whart. Crim, Law, §§ 2643-2665. See also, on this subject, 2 Bish. Crim. Law, § 28.

Evidence of occasional intercourse not sufficient.-An indictment for living in open and notorious adultery, etc., is not sustained by evidence of occasional illicit intercourse, etc. 5 Blackf. 358. See 15 Ind. 383; 14 Ind. 280.

Whether the man is married or not, is immaterial. Crim. Pr. 448.

Bicknell's

If the living together be open and notorious, evidence of sexual intercourse between the parties will go to the jury, who will generally not require any great publicity in the acts in such a case, in order to find that the fornication was open and notorious. Ibid.

Evidence-Divorce-Jurisdiction.-An indictment for living in open and notorious fornication is sustained by proof that the defendant, during the lifetime of his undivorced wife, had married, and openly lived and cohabited with an unmarried woman. Ind. 263.

56

Same. On the trial of such a cause, evidence that the defendant, prior to such second marriage, had obtained a decree of divorce from his first wife, rendered by a court having no jurisdiction of either the parties to the action for such divorce, is inadmissible. Ibid.

SEC. 13. UTTERING, ETC., OBSCENE LITERATURE, ETC.

SEC. 52. Every person who shall, by himself or agent, print, vend, exhibit, or circulate any obscene book, pamphlet, print, or picture, shall, upon conviction, be fined not exceeding five hundred dollars, and if the exhibition be made to a female, imprisonment not exceeding three months may be added. 2 R. S. 475.

SEC. 1. If any person shall sell, or lend, or give away, or in any manner exhibit, or shall offer to sell, or to lend, or to give away, or in any manner exhibit, or shall otherwise publish, or offer to publish in any manner, or shall have in his possession, for any such purpose or purposes, any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image, on or of

Uttering, etc., obscene literature, etc.

paper, or other material, or any list, instrument, or other articles of an indecent or immoral nature or use, or any drug or medicine, or any article whatever, for the prevention of conception, or for causing unlawful abortion, or shall advertise the same for sale, or shall write or print, or cause to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any kind whatsoever, stating when, where, how, or of whom, or by what means any of the articles in this section herein before mentioned can be purchased or obtained, or shall manufacture, draw, or print, or in any wise make any of such articles, every such person shall, on conviction, be fined in any sum not exceeding five hundred dollars, to which may be added imprisonment in the county jail for any period of time not less than ten days nor more than three months, for each offence, at the discretion of the court or jury trying the same.

SEC. 2. All articles of raw materials found in the possession of any person or persons, intending to manufacture the same into the articles or things described in the first section of this act, and also all tools, machinery, implements, instruments, and personal property found in the place or building where the articles described in the first section of this act are found or seized, and used or intended to be used in the manufacture. of such articles or things, may be seized, and shall be forfeited and destroyed under the order of the court; and the proceedings to enforce such forfeiture shall be in the nature of a proceeding in rem. before the court of record of criminal jurisdiction, having jurisdiction of the crime specified in the first section of this act, in the city or county wherein the arrest or seizure was made.

SEC. 3. All justices of the peace, in their respective counties, are hereby authorized, on due complaint, supported by oath or affirmation, as provided by the constitution and the law for the issuing of a search warrant in other cases, to issue a warrant, directed to any constable of the county police officer, or city marshal within said county, directing him, them, or any of them, to search for, seize, and take posses. sion of such obscene and indecent books, papers, articles, and

Uttering, etc., obscene literature, etc.

things, and said justice shall transmit, inclosed and under seal, specimens thereof to the prosecuting attorney in such county, and shall deposit within the county jail of his county, or such other secure place as to him shall seem meet, inclosed and under seal, the remainder thereof, and shall, upon the conviction of the person or persons offending under any of the provisions of this act, forthwith, in the presence of the person or persons, upon whose complaint the said seizure or arrest was made, if he or they shall, after notice thereof, elect to be present, destroy or cause to be destroyed the remainder thereof, so seized as aforesaid, and shall cause to be entered upon the records of his court the fact of such destruction.

SEC. 4. The words in this act, in section one, "articles of an indecent or immoral nature or use," shall not be construed as applying to articles or instruments which are used or applied for the cure or prevention of disease. Acts Spec. Session, 1877, pp. 56, 57.

CHARGES.

(Sec. 52.)

1. Uttering obscene books. That A. B., on the day of in the year at said county, did unlawfully exhibit and vend to C. D. a certain obscene printed book, entitled, "Memoirs of a Woman of Pleasure," in which said book was then and there a certain obscene print on paper, representing a man in an indecent and obscene posture with a woman, to wit, in the act and posture of carnal copulation. Bicknell's Crim. Pr. 450.

2. Advertising medicines to prevent conception. That A. B., on the day of in the year at said county, did unlawfully publish, exhibit, and have in his possession, a certain printed circular advertisement of a certain medicine. for the prevention of conception, which said printed circular advertisement is in the words and figures following, to wit [here insert an exact copy of the circular], and did then and there, and thereby advertise the said medicine for sale.

Public letting horse to mares-Public intoxication.

SEC. 14. PUBLICLY LETTING HORSE TO MARES.

SEC. 4. Any person who shall permit to run at large at any place, or who shall keep or let to mares or jennets, within the limits of any city, town, or village, or within two hundred yards thereof, any stallion or jack, except within an inclosure, by which the view of the inhabitants of such city, town, village, or vicinity thereof, is obstructed, shall be fined three dolfor every day such offense is committed. Act June 7, 1852, 2 R. S. 678, 679.

CHARGE.

That A. B., on the day of in the year at said county, within the limits of the town of, did unlawfully keep and let to mares a certain stallion [or, a certain jack], the said place where he, the said A. B., then and there so kept and let to mares the said stallion, not then and there being within an inclosure by which the view of the inhabitants of said town of was then and there obstructed.

Jurisdiction.

SEC. 5. The offenses enumerated in this act, shall be punishable only by a justice of the peace, except in cases of appeal and conviction in a higher court. 2 R. S. 679.

Negative averments. If the indictment charge that the letting to mares was in a public street of a town, and in view of its inhabitants, no negative averment, that the place was not within an inclosure, etc., is necessary. 3 Ind. 193.

SEC. 15. PUBLIC INTOXICATION.

SEC. 11. Any person of sound mind found, in any public place, in a state of intoxication, shall be deemed guilty of a misdemeanor, and, upon conviction, be fined in any sum not less than two dollars, nor more than five dollars, for each offense. Act March 17, 1875, 1 R. S. 872.

That A. B., on the

CHARGE.

day of, in the year at said county, unlawfully was found in a state of intoxication in a public place, to wit, upon the public streets and walks of the town of

Bringing pauper into state-Bigamy.

Public place. If a person be found in a state of intoxication, at a social party held at the residence of another, he is not thereby rendered liable to prosecution for being found intoxicated in a public place. 52 Ind. 311.

SEC. 16. BRINGING PAUPER INTO STATE.

SEC. 35. Every person who shall knowingly bring within this state a pauper with the intention of making him or her a charge upon any of the counties in this state, shall, upon conviction, be fined five hundred dollars. 2 R. S. 471.

CHARGE.

in the year

That A. B., on the day of at said county, unlawfully knowingly did bring into the State of Indiana, from the county of, in the State of Kentucky, one C. D., who was then and there a pauper, with the intent of then and there unlawfully making the said C. D. a charge upon the said county

of

SEC. 17. BIGAMY.

SEC. 46. If any person, being married, shall marry again, the former husband or wife being alive, and the bond of matrimony still undissolved, and no legal presumption of death having arisen, such person so offending shall be deemed guilty of bigamy, and, upon conviction thereof, may be imprisoned in the state's prison not exceeding five nor less than two years, or be fined not exceeding one thousand dollars, and be imprisoned in the county jail not less than three nor more than six months. 2 R. S. 446.

CHARGE.

day of

in the year

That A. B., on the at said county, being married to E. B., and she being alive, and the bond of such marriage being still undissolved, and no legal presumption of the death of said E. B. having arisen, did, unlawfully and feloniously, marry another woman, to wit, one F. L. Bicknell'sCrim. Pr. 483.