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15-10-41
Section 15-10-41 Form of writ - Felony. When the indictment is for a felony, the writ of arrest
may be substantially in the following form: State of Alabama, _____ County. To any sheriff
of the state: An indictment having been found against A. B., at the ______ session, 20__,
of the ______ court of _____ County, for the offense of ______ (describing the offense so
as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said
defendant and commit him to jail; and that you return this writ according to law. (signed)
C. D., Clerk of the circuit court of _____ Ccounty. Dated this _____ day of ______, 20__.
(Code 1852, §602; Code 1867, §4154; Code 1876, §4827; Code 1886, §4397; Code 1896, §5253;
Code 1907, §6285; Code 1923, §3279; Code 1940, T. 15, §170.)...
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15-8-150
and intentionally to cut out or disable his tongue, or to put out or destroy his eye, etc.
(14) ASSAULT WITH INTENT TO MURDER. A. B., unlawfully and with malice aforethought, did assault
C. D., with the intent to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault
C. D., a woman, with the intent forcibly to ravish her. (16) ASSAULT WITH INTENT TO ROB. A.
B. assaulted C. D. with the felonious intent, by violence to his person or by putting him
in fear of some serious and immediate injury to his person, to rob him. (17) BETTING
AT CARDS, DICE, ETC. A. B. bet at a game played with cards or dice, or some device or substitute
for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house
or place where spirituous liquors were at the time sold, retailed or given away, or in a public
house, highway or some other public place or at an outhouse where people resorted (or other
place forbidden by law), against, etc. (18) BETTING AT GAMING TABLE, ETC. A....
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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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15-10-47
Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; failure
of sheriffs to comply with section. (a) All writs of arrest, with the undertaking of bail
when given, must be returned by the sheriff to the clerk of the court from which they were
issued, with the proper return thereon endorsed. (b) If the writ of arrest is executed, the
return must be made within five days after service; but if executed out of the county in which
the indictment was found, the return may be made by depositing the writ in the post office
within five days after service in a sealed envelope, postage prepaid, directed to the clerk
of the court at the courthouse of his county, with the title of the case and the character
of the process endorsed on the envelope. (c) When any writ of arrest is not executed, it must
be returned by the sheriff to the clerk of the court from which it was issued; and when the
return is made by the sheriff of any other county than that in which the...
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12-22-113
Section 12-22-113 De novo trial in circuit court; statement of cause of complaint. The trial
in the circuit court shall be de novo and without any indictment or presentment by the grand
jury, but the district attorney shall make a brief statement of the cause of complaint signed
by him, which maybe in the following form: The State of Alabama, } In the circuit court, ______20__
On appeal from the district (or municipal) court. ___ county.} The State of Alabama, by its
district attorney, complains of C.D., that, within 12 months before the commencement of this
prosecution, he did (here describe the offense as in cases of indictment). G. H., district
attorney. (Code 1852, §509; Code 1867, §4059; Code 1876, §4729; Code 1886, §4231; Code
1896, §4627; Code 1907, §6730; Code 1923, §3843; Code 1940, T. 15, §363.)...
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45-49-233.01
writs of restitution in such cases. $25 (10) Collecting execution for cost only. $25 (11) Serving
subpoenas on bill in chancery proceedings and returning the same, for each defendant. $25
(12) Serving any court summons not herein provided for and making return. $10 (13) Serving
attachment for contempt of court or rule to show cause. $10 (14) Taking and approving bonds
of every kind. $10 (15) Collecting money under execution but no commission shall be collected
on costs. $25 (16) Seizing personal property under writ of detinue. $25 (17) Summoning
jurors. $ 5 (18) Executing body writs in mental cases. $25 (19) Executing a search warrant
by day. $ 3 (20) Executing a search warrant by night. $ 6 (21) Executing a warrant or writ
of arrest in misdemeanor or felony cases. $12 (22) Each bond or undertaking returned to court.
$ 6 (23) Serving subpoena, notice, or scire facias. $ 4 (24) Summoning jury in capital cases,
or at any special court for the trial of a criminal, to be paid out of...
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15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal
court judge, it appears that there is reason to fear the commission of any offense by the
person complained of, such judge must issue a warrant directed to any lawful officer of the
state, containing the substance of the complaint and commanding such officer forthwith to
arrest the person complained of and bring him before him or some other judge having jurisdiction
of the matter. (b) The warrant may be after the following form: "State of Alabama, ___
County. To any lawful officer of the state: Complaint on oath having been made before me that
C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly
the offense threatened or about to be committed) on the person or property of ______, you
are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other
judge having jurisdiction of the matter, setting forth his name and office)....
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15-23-60
initial consideration of pre-discretionary leave, passes, and furloughs. (5) COURT. All state
courts including juvenile courts. (6) CRIME VICTIM ADVOCATE. A person who is employed or authorized
by a public entity or a private entity that receives public funding primarily to provide counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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15-13-81
be made absolute against you on the _____ day of _____ of said court, during the session of
said court, unless you then and there appear and show cause against the same. (c) The notice
required by subsection (b) of this section may be executed by the sheriff of any county in
the state and must be returned by the officer executing it, with his proper return thereon
endorsed, on or before the day and date fixed or specified in the notice. (d) If the notice
required by subsection (b) of this section is not served on any of the parties to the undertaking,
such other notices as are necessary may from time to time be issued; but two returns of "not
found" by the proper officer are equivalent to personal service. (Code 1852, §§3691-3694,
3697; Code 1867, §§4254-4257; Code 1876, §§4863-4866; Code 1886, §§4832-4835; Code 1896,
§§4375-4378; Code 1907, §§6355-6358; Code 1923, §§3388-3391; Code 1940, T. 15, §§213-216;
Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §8.)...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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