Code of Alabama

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12-16-223
Section 12-16-223 Critical reports prohibited without indictment, etc.; judge to expunge record;
exception. Grand juries shall make no reports critical of any citizen of this state without
returning an indictment or bill of impeachment against the same. It shall be the duty of the
circuit judges of the respective judicial circuits of this state, on their own motion, to
expunge from any such grand jury report any and all such critical portions unless there has
been an indictment or bill of impeachment returned against the person or persons affected.
Provided however, this section shall not be construed to prohibit a grand jury from examining
and reporting upon the condition of any public facility, agency or account or the books and
records thereof, where such examination and reporting is specifically authorized by statute.
(Acts 1979, No. 79-457, p. 745, §10.)...
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12-16-221
Section 12-16-221 Disclosures in aid of law enforcement investigations and in public interest.
A district attorney or other prosecutor may, in his or her discretion, disclose evidence taken
within or before the grand juries of such circuit to law enforcement officers for the purpose
of bona fide investigations into violations of criminal law. A district attorney or a circuit
judge, in the public interest, may disclose the date, time and place that a particular case
will be or was presented to a grand jury, or that a particular matter or case was continued
by a grand jury and to what date, if any, or that a no bill or an indictment was returned
thereon, or that a particular defendant was otherwise exonerated or falsely accused. (Acts
1979, No. 79-457, p. 745, §8.)...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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15-10-30
Section 15-10-30 Arrest without process when defendant present. After an indictment has been
returned by the grand jury, the court may order any defendant who is present and who has not
been arrested to be taken into custody without process. When the defendant has given bail
prior to the return of an indictment against him for a capital offense, the court may, in
its discretion, likewise order him into custody. (Code 1867, §4152; Code 1876, §4825; Code
1886, §4395; Code 1896, §5251; Code 1907, §6283; Code 1923, §3277; Code 1940, T. 15, §168.)...

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12-16-202
Section 12-16-202 Charging of grand jury. (a) The judges of the several courts in this state
in which grand juries are organized and empaneled shall give a special charge to the grand
jury relative to the criminal laws of this state against the following offenses: laws regulating
the ownership, registration and carrying of weapons, violations of election laws, the manufacturing
or selling of intoxicating liquors in violation of law, violating the game and fish laws or
violating the law prohibiting corporations from contributing to campaign funds. (b) It shall
likewise be the duty of the judges to charge the grand jury as to all other matters which
may be required by law and to instruct the grand juries that it is their duty to indict for
the above named offenses, if, in the opinion of the grand jury, the evidence justifies the
indictment. (Code 1907, §7286; Code 1923, §8668; Code 1940, T. 30, §75.)...
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36-11-3
Section 36-11-3 Investigations of alleged misconduct or incompetency of public officers by
grand juries; disposition of grand jury reports. It shall be the duty of every grand jury
to investigate and make diligent inquiry concerning any alleged misconduct or incompetency
of any public officer in the county which may be brought to its notice; and, if, on such investigation
and inquiry, it finds that such officer, for any cause mentioned in this chapter, ought to
be removed from office, it shall so report to the court, setting forth the facts, which report
shall be entered on the minutes of the court. If the officer so reported against is one of
those included in Section 174, Article 7, of the constitution, the clerk of the court shall
transmit a certified copy of such report to the Attorney General. If the officer so reported
against is the presiding judge of the court, the report must not be made to the court or entered
on the minutes; and, in such cases, the report of the grand jury...
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12-16-204
Section 12-16-204 Concurrence of 12 jurors required for finding of indictment; endorsement
and signature of indictment generally. The concurrence of at least 12 grand jurors is necessary
to find an indictment, and when so found it must be endorsed "a true bill" and the
endorsement signed by the foreman. (Code 1852, §554; Code 1867, §4104; Code 1876, §4777;
Code 1886, §4353; Code 1896, §5039; Code 1907, §7300; Code 1923, §8682; Code 1940, T.
30, §89.)...
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13A-11-161
Section 13A-11-161 Publication of certain documents considered privileged. The publication
of a fair and impartial report of the return of any indictment, the issuance of any warrant,
the arrest of any person for any cause or the filing of any affidavit, pleading or other document
in any criminal or civil proceeding in any court, or of a fair and impartial report of the
contents thereof, or of any charge of crime made to any judicial officer or body, or of any
report of any grand jury, or of any investigation made by any legislative committee, or other
public body or officer, shall be privileged, unless it be proved that the same was published
with actual malice, or that the defendant has refused or neglected to publish in the same
manner in which the publication complained of appeared, a reasonable explanation or contradiction
thereof by the plaintiff, or that the publisher has refused upon the written request of the
plaintiff to publish the subsequent determination of such suit,...
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15-14-2
Section 15-14-2 Defendant not to be tried until case on docket one day. No person shall be
tried on an indictment presented by the grand jury until at least one entire day after the
case has been placed upon the trial docket of the court, except with the consent of the defendant.
This section shall not apply to cases where an indictment has been quashed or demurrer sustained
thereto and a new indictment for identical offense is returned on the same day. (Acts 1919,
No. 119, p. 104; Code 1923, §5566; Code 1940, T. 15, §317.)...
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12-12-32
Section 12-12-32 Criminal jurisdiction generally. (a) Misdemeanors. The district court shall
have exclusive original trial jurisdiction over prosecutions of all offenses defined by law
or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal
courts; (2) Any such prosecution which also involves a felony offense which is within the
exclusive jurisdiction of the circuit court, except as the district court is empowered to
hold preliminary hearings with respect to felonies and to receive guilty pleas as provided
in subsection (b) of this section; and (3) Any misdemeanor for which an indictment has been
returned by a grand jury. (b) Felonies. (1) The district court may exercise original jurisdiction
concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined
by law as felonies not punishable by sentence of death. (2) The district court shall have
jurisdiction to hold preliminary hearings in prosecutions for felonies as...
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