15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted to
bail when he is charged with an offense which may be punished by death if the court is of
the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is likely to produce
death and which was committed under circumstances such as would, if death arises from such
injury, constitute an offense which may be punished by death. (b) In cases punishable capitally,
the defendant is entitled to bail as a matter of right when the state, after the finding of
the indictment, has continued the case twice, without his consent, for the testimony of absent
witnesses. In such case, if the indictment is dismissed, the defendant, on application for
bail, is entitled to the benefit of any continuance had upon such indictment by the state
for absent witnesses; and, if another indictment is not found at the...
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15-15-44
Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; procedure when
plea sustained. A plea to an indictment, on the ground that the grand jurors by whom it was
found were not drawn in the presence of the officers designated by law must, if the accused
has been arrested, be filed at the session at which the indictment is found, and, if the accused
has not been arrested, it must be filed at the first session at which it is practicable after
the defendant's arrest; and, in all cases before a plea to the merits, if sustained, the defendant
must not be discharged but must be held in custody or bailed, as the case may be, to answer
another indictment at the same or the next session of the court, and the time elapsing between
the first and second indictments, in such case, must not be computed as a part of the period
limited by law for the prosecution of the offense. (Code 1852, §636; Code 1867, §4188; Code
1876, §4890; Code 1886, §4446; Code 1896, §5270; Code...
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22-50-22
Section 22-50-22 Exemption of superintendent and physician of state mental health facilities
from attending as witnesses. Neither the superintendent nor a physician of a state mental
health facility or hospital shall be compelled to attend as a witness to testify as an expert
in any case or on any question of insanity or psychological medicine in the state; provided,
that he shall certify, in writing, within 10 days after the service of the summons, that his
absence from the facility or hospital, in his best judgment, will interfere with his or her
professional duties and the welfare of the patients under his care. But defendants in criminal
cases and the state by the consent of the defendant and, in civil cases, either party may
take the deposition of the superintendent or of any of the physicians as to all matters involving
his or their expert opinion when such testimony is admissible. (Code 1896, §2571; Code 1907,
§875; Code 1923, §1460; Code 1940, T. 45, §226.)...
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28-4-325
Section 28-4-325 Fees of officers making seizures of prohibited liquors. When an officer arrests
any person in possession of an unlawful quantity or quantities of prohibited liquors or of
such liquors under conditions prohibited by law, then, on the conviction of such party of
a violation of a city ordinance or state law, whether in the municipal court or state court
possessing jurisdiction, the following fee for making the seizure of the liquors shall be
taxed against the defendant and paid to such officer as a part of the cost of the case: (1)
If a seizure is made of not less than one gallon nor more than five gallons of such liquors,
the fee shall be $3.00; (2) If the seizure is of more than five gallons and less than 20 gallons,
the fee shall be $5.00; and (3) If more than 20 gallons is seized, the fee shall be $10.00.
(Acts 1915, No. 491, p. 553; Code 1923, §4654; Code 1940, T. 29, §129.)...
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12-16-13
Section 12-16-13 Charges moved for by parties; appeals; general charges. Charges moved for
by either party must be in writing and must be given or refused in the terms in which they
are written, and it is the duty of the judge to write "given" or "refused,"
as the case may be, on the document and sign his name thereto, which thereby becomes a part
of the record. Charges which are marked "given" by the trial judge must be taken
by the jury with them on retirement, and those "refused" must be retained by the
clerk. The court shall, after the conclusion of his charge to the jury, read such written
charges as he has given for the parties in a clear and audible voice, saying to the jury,
"these are instructions given you by the court at the request of the plaintiff or defendant,
as the case may be, and are correct statements of the law to be taken by you in connection
with what has already been said to you." The refusal of a charge, though a correct statement
of the law, shall not be cause...
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12-16-89
Section 12-16-89 Negligent failure of sheriff or deputy to summon juror. If the sheriff or
any deputy shall negligently fail to summon any person to serve as a juror whom he is commanded
to summon, he shall be held and deemed guilty of a contempt of court and shall be fined not
more than $100.00 in every case where the person is not so served, and he may also be imprisoned
in the county jail for not more than five days. The return of any such person as "not
found" shall be prima facie evidence of negligence on the part of the sheriff or deputy
making the return, and he shall be punished by the court unless the court is reasonably satisfied
from evidence produced that he was not negligent. (Acts 1909, No. 227, p. 305; Code 1923,
§§8620, 8621; Code 1940, T. 30, §§36, 37.)...
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9-11-12
Section 9-11-12 Violations of fish and game laws - Fees of arresting officers. When an arrest
for a violation of the provisions of the game and fish laws is made by a salaried officer
and the defendant is convicted, there shall be taxed, as cost, the same fee as a sheriff in
the state is entitled to for similar services and which, if collected from the defendant,
shall be immediately remitted by the trial court directly to the Commissioner of Conservation
and Natural Resources, and said fee shall be used for the purpose of the administration of
the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural
Resources. If the arrest is made by a nonsalaried warden or officer and said fee is collected
from the defendant, such nonsalaried warden or officer shall be entitled to said fee, but
in no case shall such nonsalaried warden or officer be entitled to any part of a fine assessed
and collected from the defendant; provided, however, that no fees shall be...
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12-21-244
Section 12-21-244 Subpoena of witnesses - Trial appearance. (a) No subpoena must be issued
in a criminal case unless the defendant is in custody or has given bail to answer the charge.
(b) If the defendant is in custody or has given bail to answer the charge, it is the duty
of the clerk of the court in which the prosecution is pending, on his application, to issue
subpoenas for such witnesses as he requires. (c) The clerk must also issue subpoenas for all
witnesses on the part of the state whose names are so marked on the indictment, if any, and
for such other witnesses as the district attorney may direct him to summon. (d) It is the
duty of clerks of the district and circuit courts to subpoena witnesses in cases set for trial
to the day fixed for such trial. (Code 1852, §§661-663; Code 1867, §§4213-4215; Code 1876,
§§4918-4920, 4923; Code 1886, §§4456-4458, 4460; Code 1896, §§5280-5282, 5284; Code
1907, §§7877-7879, 7881; Code 1923, §§5615-5617, 5619; Code 1940, T. 15,...
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15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a)
An officer may arrest a person without a warrant, on any day and at any time in any of the
following instances: (1) If a public offense has been committed or a breach of the peace threatened
in the presence of the officer. (2) When a felony has been committed, though not in the presence
of the officer, by the person arrested. (3) When a felony has been committed and the officer
has probable cause to believe that the person arrested committed the felony. (4) When the
officer has probable cause to believe that the person arrested has committed a felony, although
it may afterwards appear that a felony had not in fact been committed. (5) When a charge has
been made, upon probable cause, that the person arrested has committed a felony. (6) When
the officer has actual knowledge that a warrant for the person's arrest for the commission
of a felony or misdemeanor has been issued, provided the warrant was...
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30-2-8
Section 30-2-8 Proceedings generally; right of remarriage. The proceeding must, in all respects,
be conducted as other civil actions, except as herein otherwise directed. The cause for which
the divorce is sought must be alleged in the complaint, to which the other party must be made
a defendant. If service by publication shall be made, when necessary, in the manner provided
in the Alabama Rules of Civil Procedure. In making his judgment, the judge shall, as the evidence
and the nature of the case may warrant, direct whether the party against whom the judgment
of divorce is made be permitted to marry again, and where in judgments no order is made disallowing
the party the right to marry again, the party shall be deemed to have the right to remarry,
subject to the restrictions set out in Section 30-2-10. In cases where the right is affirmatively
disallowed to the divorced party to remarry, it shall be competent for the judge, upon motion
and proper proof, to allow the moving party to...
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