15-7-2
Section 15-7-2 Examination of complainant and witnesses; taking of depositions. (a) Upon a complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant, been committed, the judge or magistrate must examine the complainant and such witnesses as he may propose on oath, take their depositions in writing and cause them to be subscribed by the person making them. (b) The depositions must set forth the facts stated by the complainant and his witnesses tending to establish the commission of the offense and the guilt of the defendant. (Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code 1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218, 5219; Code 1940, T. 15, §§120, 121.)...
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30-4-61
Section 30-4-61 Appeal of conviction. The defendant, if convicted, shall have the right to appeal as in other misdemeanor cases appealed from the juvenile court. Pending said appeal, upon his entering into bond, with sufficient sureties in such sum as the court may require, he shall be released from custody. If the defendant fails to make the required bond, he shall be confined in the county jail until the appeal is determined. (Acts 1919, No. 181, p. 176; Code 1923, §4485; Code 1940, T. 34, §95.)...
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12-17-96
Section 12-17-96 Duty of clerk when convict indicted; convict not to be released until bail given. The clerk of any circuit court shall, without delay, certify a copy of any indictment in his court against a convict sentenced to the penitentiary or to hard labor for the county to the head of the department having supervision over convicts; and such convict, if pardoned for the offense for which he is sentenced, shall not be discharged until he enters into a recognizance to answer such indictment at the next session of the court in which the same is pending, if the case is bailable, or is otherwise legally discharged from such indictment. (Code 1867, §769; Code 1876, §675; Code 1886, §772; Code 1896, §938; Code 1907, §3276; Code 1923, §6730; Code 1940, T. 13, §207.)...
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15-13-20
Section 15-13-20 Entry in minutes when taken in open court; form of entry. When bail is taken in open court, it must be entered in the minutes, and may be as follows: The State) Came into court the said A.B. and also C.D., and E.F., and vs. ) agreed to pay the State of Alabama ______ dollars A.B.) (specifying the sum prescribed by the court) unless the said A..B. appears at the present session of this court, and from session to session thereafter until discharged by law, to answer a criminal prosecution for an assault and battery, or other offense, as the case may be. (Code 1852, §687; Code 1867, §4238; Code 1876, §4846; Code 1886, §4419; Code 1896, §4361; Code 1907, §6341; Code 1923, §3374; Code 1940, T. 15, §199; Acts 1949, No. 199, p. 230.)...
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15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons; proceedings where person found insane. If any person other than a minor in confinement, under indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness, in consequence of any summary conviction appears to be insane, the judge of the circuit court of the county where he is confined must institute a careful investigation, call a respectable physician and call other credible witnesses; and, if he deems it necessary, he may call a jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment and order his safe custody and removal to the Alabama state hospitals, where he must remain until restored to his right mind, and then, if the judge shall have so directed, the superintendent must inform the judge and sheriff, whereupon the...
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15-16-24
Section 15-16-24 Special verdict of not guilty due to insanity; general verdict of not guilty or verdict of conviction. If it shall appear from the evidence that a defendant did the act charged as constituting the offense, but at the time of committing the act he was insane, the jury shall render a special verdict to the effect that the defendant is not guilty by reason of insanity, but if the jury does not believe from the evidence that the defendant committed the act or if it believes from the evidence that he is not guilty upon any ground other than his alleged insanity, it must return a general verdict of not guilty; otherwise, it must return a verdict of conviction. (Code 1896, §4940; Code 1907, §7177; Code 1923, §4574; Code 1940, T. 15, §424.)...
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15-21-20
Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition of detainee on adjournment of examination; forfeiture of bail. (a) The party on whose behalf a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege any other facts which may be material in the case. (b) In a summary way, the court or judge may examine into the cause of the imprisonment or detention, may hear the evidence adduced and may adjourn the examination from time to time as the circumstances of the case may require and, in the meantime, remand the party or commit him to the custody of the sheriff of the county or place him under such other custody as his age or other circumstances may require, or, if the character of the charge authorizes it, take bail from him in a sufficient amount for his appearance from day to day until judgment is given. (c) If the party fails to appear, as required by his undertaking, an entry of forfeiture must be endorsed...
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15-9-43
Section 15-9-43 Arrest without warrant - When accused to be admitted to bail; conditions of bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the district or circuit court judge must admit the person arrested to bail by bond or undertaking, with sufficient sureties and in such sum as he deems proper, for his appearance before him at a time specified in such bond or undertaking, and for his surrender, to be arrested upon the warrant of the Governor of this state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §63.)...
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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if the defendant has retained possession of the chattels, giving bond, the court may order the chattels to be delivered to such claimant on his giving bond with sufficient surety, to be approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant with condition that if he is not successful in the action he will, within 20 days thereafter, deliver the chattels and pay all such damages as may be assessed for the detention thereof and all costs adjudged against him. If such person refuses or neglects to give such bond for three days after service of his first pleading or motion in the action, the chattels must be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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12-19-311
Section 12-19-311 Bail bond fees. (a)(1) In addition to all other charges, costs, taxes, or fees levied by law on bail bonds, additional fees as detailed in paragraph a. and paragraph b. shall be imposed on every bail bond in all courts of this state. The fee shall not be assessed in traffic cases, except for those serious traffic offenses enumerated in Title 32, Chapter 5A, Article 9. Where multiple charges arise out of the same incident, the bond fee pursuant to this section shall only be assessed on one charge. For the purposes of this section, the term same incident shall be defined as the same date, location, and proximate time. Where the charge is negotiating a worthless negotiable instrument, the fee shall not be assessed more than three times annually per person charged. The fees shall be assessed as follows: a. A filing fee in the amount of thirty-five dollars ($35) on each bond executed. b. For a misdemeanor offense, a bail bond fee in the amount of 3.5 percent of the total...
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