12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered on the conviction, but the execution thereof must be stayed pending the appeal.
In such case, the defendant may give bail, with sufficient sureties, conditioned that he will
appear and abide the judgment; failing to give such bail, he must be committed to jail, but
may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code
1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243;
Code 1940, T. 15, §374.)...
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15-13-6
Section 15-13-6 Fixing of bail for felony; discharge of defendant by sheriff upon posting of
bail. (a) When an indictment is filed in court charging the defendant with a bailable felony
and the defendant fails to give bail in open court, the judge of the court must forthwith
endorse on such indictment the amount of bail to be required of the defendant. When an application
for bail is made to any judge, such judge may fix the amount of bail, and the sheriff has
authority, and it is his duty, to discharge such defendant on his giving bail as required.
(b) This section shall not have the effect of preventing application for bail or for reduction
of bail in any other manner provided by law. (Code 1852, §§608, 690; Code 1867, §§4831,
4849; Code 1876, §§4831, 4849; Code 1886, §§4409, 4411; Code 1896, §4351; Code 1907,
§6331; Code 1923, §3364; Code 1940, T. 15, §189; Acts 1949, No. 199, p. 230.)...
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12-22-112
Section 12-22-112 Liability of defendant failing to appear; warrant of arrest. (a) If the defendant
fails to appear at the circuit court as required by the appeal bond, he shall be liable to
the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court,
and a new warrant of arrest may issue from that court without any other authority therefor.
(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when
the defendant is arrested, he must be dealt within all respects as if the arrest had been
made on capias from the circuit court. (Code 1852, §§507, 508; Code 1867, §§4057, 4058;
Code 1876, §§4727, 4728; Code 1886, §§4229, 4230; Code 1896, §§4625, 4626; Code 1907,
§§6728, 6729; Code 1923, §§3841, 3842; Code 1940, T. 15, §§361, 362.)...
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12-22-244
Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction or
dismissal of appeal. When the defendant in a case of misdemeanor or felony is sentenced to
hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment
of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail
to surrender himself to the sheriff, at the county jail, within 15 days from the date of such
affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond
forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must
be issued, and so on until the judgment has been executed. If the defendant is taken on such
writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be
carried out as if no appeal had been taken. (Code 1852, §755; Code 1867, §4306; Code 1876,
§4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911,...
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15-13-8
Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals;
procedure upon order of Court of Criminal Appeals admitting defendant to bail. (a) When an
application for bail is made to any circuit judge and is refused, no subsequent application
can be made, but the evidence in such case may be preserved for review on application to the
Court of Criminal Appeals. (b) When an order is made by the Court of Criminal Appeals admitting
a defendant to bail, the order must fix the amount of bail required and direct the same to
be taken by the court to whom the primary application was made or by the sheriff of the county
in which the defendant is confined. When such bail is ordered to be taken by a judge, the
sheriff having the custody of the defendant must carry him before such judge for that purpose.
(Code 1852, §§3673-3675; Code 1867, §§4242, 4243; Code 1876, §§4850, 4851; Code 1886,
§§4413, 4414; Code 1896, §§4355, 4356; Code 1907, §§6335, 6336;...
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