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13A-8-122
Section 13A-8-122 Possession of certain devices constitutes prima facie evidence of
intent to violate article. In a prosecution for a violation of this article, the existence
on the property and in the actual possession of the defendant of (1) any connection, wire
conductor or any device whatsoever, which is connected in such a manner as would permit the
receipt of cable television service without such service being reported for payment to and
specifically authorized by the cable television company or (2) the existence on the property
and in the actual possession of the defendant, where the totality of the circumstances, including
quantities or volumes, surrounding the defendant's arrest indicate possession for resale,
of any device designed in whole or in part to facilitate the performance of any of the illegal
acts set out in Section 13A-8-121, shall constitute prima facie evidence of the defendant's
intent to violate the provisions of this article. (Acts 1986, No. 86-228, p. 335,...
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13A-12-28
Section 13A-12-28 Prima facie proof of gambling offenses. (a) Proof of possession of
any gambling device, as defined by subdivision (5) of Section 13A-12-20 or any gambling
record specified in Sections 13A-12-24 and 13A-12-25 is prima facie evidence of possession
thereof with knowledge of its character or contents. (b) In any prosecution under this article
in which it is necessary to prove the occurrence of a sporting event, (1) a published report
of its occurrence in any daily newspaper, magazine or other periodically printed publication
of general circulation, or (2) evidence that a description of some aspect of the event was
written, printed or otherwise noted at the place in which a violation of this chapter is alleged
to have been committed, shall be admissible in evidence and shall constitute prima facie proof
of the occurrence of the event. (Acts 1977, No. 607, p. 812, §6130.)...
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40-17-350
Section 40-17-350 Transportation of motor fuel; inspections. (a) Each person operating
a refinery or terminal in Alabama shall prepare and provide to the driver of every highway
vehicle receiving motor fuel at the facility a shipping document setting out on its face the
destination state as represented to the terminal operator by the shipper or the shipper's
agent. Failure to comply with this subsection may result in a department imposed penalty of
not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), to
be multiplied by the sum of the current violation plus prior violations of this subsection.
(b) Every person transporting motor fuel in Alabama in a highway vehicle other than in its
supply tank shall carry on board a shipping document issued by the facility where the motor
fuel was obtained. The shipping document shall set out on its face the state of destination
of the motor fuel transported in the highway vehicle. Violation of this subsection...
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2-1-3
Section 2-1-3 Prima facie evidence of possession with intent to sell. The having in
possession of any article, substance, material or product, the sale of which is regulated
under the provisions of this title or any other provision of this Code or other statute which
the Commissioner, Department or Board of Agriculture and Industries is authorized or directed
to administer or enforce, by any person who manufactures, sells, keeps for sale, offers or
exposes for sale, serves, distributes or delivers the same shall be prima facie evidence of
having in possession with intent to sell, except, that this section or any of the penalties
set forth in this title or other such statute shall not apply to any common carrier when said
article, substance, material or product was received by said carrier for transportation in
the ordinary course of business and without actual knowledge of the adulteration, misbranding
or under standard grade, weight or measure claimed. (Ag. Code 1927, §3; Code 1940,...
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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor
and general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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28-4-55
Section 28-4-55 Allowance, etc., of operation, etc., of still, etc., upon premises by
another. It shall be unlawful for any person, firm or corporation to permit or allow anyone
to have, possess, operate or locate on his premises any apparatus, plant or structure for
the distilling or manufacturing of prohibited liquors or beverages or any of them. When such
apparatus, plant or structure is found upon said premises, the fact shall be prima facie evidence
that the tenant or owner in actual possession of the premises has knowledge of the existence
of the same and of the purpose for which the same were to be used. Upon conviction of permitting
or allowing the same to be upon his premises, such tenant or owner shall be punished by a
fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county
jail or sentenced to hard labor for the county for not more than six months for the first
conviction, at the discretion of the court. On the second and every subsequent...
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9-11-148
Section 9-11-148 Game fish taken to be returned to waters; possession of game fish by
commercial fishermen. Should any species of fish designated by the laws or regulations of
this state as game fish be taken from the public impounded waters or navigable streams of
this state by the use of commercial fishing gear, such fish, without injury, shall be immediately
returned to the waters from whence they were taken. The possession by commercial fishermen
of any of such fish shall constitute a violation of the provisions of this article, and such
possession by such commercial fishermen shall be prima facie evidence of the fact that such
fish were taken by the use of commercial fishing gear. (Acts 1953, No. 784, p. 1069, §6.)...
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13A-6-143
Section 13A-6-143 Arrest for violation of article. A law enforcement officer may arrest
any person for the violation of this article if the officer has probable cause to believe
that the person has violated any provision of a valid domestic violence protection order,
whether temporary or permanent. The presentation of a domestic violence protection order constitutes
probable cause for an officer to believe that a valid order exists. For purposes of this article,
the domestic violence protection order may be inscribed on a tangible copy or may be stored
in an electronic or other medium if it is retrievable in a detectable form. Presentation of
a certified copy of the domestic violence protection order is not required for enforcement
or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence
protection order is not presented to or otherwise confirmed by a law enforcement officer,
the officer may consider other information in determining whether there is...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing
and analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this
article, good faith means honesty in fact in the conduct or transaction concerned. (b) Upon
payment or delivery of property to the Treasurer, the state assumes custody and responsibility
for the safekeeping of the property. A holder who pays or delivers property to the Treasurer
in good faith is relieved of all liability arising thereafter with respect to the property.
The payment or delivery of property to the Treasurer shall operate as a full, absolute and
unconditional release and discharge of the holder from any and all claims or demands of or
liability to any person entitled thereto, or to any other claimant or state, and the payment
or delivery may be pleaded as an absolute bar to any action brought against the holder by
any other person entitled thereto, or by any other claimant or state. Once properly pleaded,
the holder shall immediately and thereafter be relieved of and held harmless from...
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