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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