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12-17-194
Section 12-17-194 Commencing prosecution on own affidavit. Any district attorney who commences
a prosecution for any criminal offense by his own affidavit, except for an offense against
his person or property or for a violation of the revenue laws or the prohibition laws, or
unless the affidavit is upon his personal knowledge of the commission of the offense, shall,
on conviction, be fined not less than $50.00. (Code 1876, §4146; Code 1886, §3940; Code
1896, §5126; Code 1907, §7793; Code 1923, §5513; Code 1940, T. 13, §243.)...
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28-4-314
Section 28-4-314 District attorneys to institute prosecutions for or make reports to grand
juries as to violations of prohibition laws. Any district attorney in the county whose duty
it is to prosecute criminal cases on behalf of the state shall not be prohibited from commencing
prosecution on his own affidavit against any party violating any provision of any law of the
State of Alabama for the suppression of the evils of intemperance, and every such district
attorney, upon receiving information giving him probable cause to believe that there has been
a violation of any statute upon the subject named, shall proceed to lay the matter before
the grand jury or to institute a criminal prosecution against said party by affidavit before
a court or judge of competent jurisdiction, if he is willing and able to make such affidavit
for the institution of a criminal prosecution. If he is not, he must superintend the preparation
of the papers and the institution of the prosecution if any citizen...
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40-29-119
Section 40-29-119 Periods of limitation on criminal prosecutions. (a) No person shall be prosecuted,
tried, or punished for any of the various offenses arising under the revenue laws unless the
indictment is found or the prosecution instituted within three years next after the commission
of the offense, except that the period of limitation shall be six years: (1) For offenses
involving the defrauding or attempting to defraud the State of Alabama or any agency thereof,
whether by conspiracy or not, and in any manner; (2) For the offense of willfully attempting
in any manner to evade or defeat any tax or the payment thereof; (3) For the offense of willfully
aiding or assisting in, or procuring, counseling, or advising, the preparation or presentation
under, or in connection with any matter arising under, the statute revenue laws, of a false
or fraudulent return, affidavit, claim or document (whether or not such falsity or fraud is
with the knowledge or consent of the person authorized or...
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11-65-5
Section 11-65-5 Composition of commission; terms; qualifications; removal from office. (a)
Every commission shall have five members, which shall constitute its governing body. All powers
of a commission shall be exercised by its members or pursuant to their authorization. The
mayor or other chief executive officer of the sponsoring municipality and the president or
other designated presiding officer of the county commission of the host county shall each
serve as a member ex officio, unless such official exercises his or her right, as provided
in subsection (b), to appoint a fixed-term member to serve in lieu of such official. The service
of each such official as a member shall begin with the beginning of his or her tenure in such
office and shall end with the ending of such tenure or the appointment by such official of
a fixed-term member to serve in lieu of his or her ex officio service. The other three members
shall be appointed in the manner hereinafter prescribed as soon as may be...
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40-12-10
Section 40-12-10 License inspectors generally; when taxes due and payable; collection and distribution
of penalties and citation fees on delinquent licenses. (a) The county commission of each county
is hereby authorized and empowered to appoint a license inspector. (b) It shall be the duty
of the license inspector to scrutinize the records and stubs kept in the office of the probate
judge and also to examine the license records of each city or town located in the county or
counties of which he has been appointed license inspector; and, if it shall be reported to
any license inspector or come to his knowledge that any person, persons, firms, or corporations
have failed or refused to take out a license for a business or occupation for which a license
is required by the state or have failed or refused to take out a license for operating any
motor vehicle or trailer for which a license is required by law, the license inspector shall
thereupon cite such delinquent to appear before the...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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13A-10-190
Section 13A-10-190 Definitions. As used in this article, Section 13A-11-11, and Section 36-19-2.1,
the following words shall have the following meanings: (1) BACTERIOLOGICAL WEAPON or BIOLOGICAL
WEAPON. A device which is designed in a manner to permit the intentional release onto any
person, into the population or environment of microbial, or other biological agents or toxins
or viral agents whatever their origin or method of production in a manner not otherwise authorized
by law or any device the development, production, or stockpiling of which is prohibited pursuant
to the "Convention on the Prohibition of the Development, Production, and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and Their Destruction," 26 U.S.T. 583,
TIAS 8063. The microbial or biological agents or viral agents shall include, but not be limited
to, any of the following: Anthrax or any variation thereof, smallpox or any variation thereof.
(2) CONVICTION. An adjudication of guilt of or a plea of...
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