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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal cases
wherein an indigent defendant has an appeal which lies directly to an appellate court and
the indigent defendant expresses his or her desire to appeal, the court shall cause to be
entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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11-19-19
Section 11-19-19 County board of adjustment. In availing itself of the powers conferred by
this chapter, the county commission shall provide for the appointment of a board of adjustment
and may provide that the said board of adjustment shall, in appropriate cases and subject
to appropriate conditions and safeguards, make special exceptions to the terms of the zoning
ordinance or regulations in harmony with its general purposes and interests and in accordance
with general or specific rules adopted pursuant to this chapter. The board of adjustment shall
consist of five members who shall be appointed from among the residents of the county by the
county commission to serve for a term of three years; provided, that in establishing the board
of adjustment, the county commission may designate the terms of the members first appointed
on such basis that the term of one member will expire each year thereafter. Such members shall
be removable for cause by the county commission upon written...
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15-11-12
Section 15-11-12 Requiring witnesses to enter undertaking; form of undertaking. (a) The court
may require the witnesses for the prosecution to enter into an undertaking, in the sum of
$100.00 each, to appear and testify at the court having cognizance of the offense and, if
requested by the defendant, may require his witnesses to enter into such undertaking. (b)
The undertaking of the witnesses for the prosecution or defense may be in substance as follows:
"The State of Alabama, ) We, A.B., C.D., and E.F., witnesses against (or for, as the
case may be), G.H., ___ County, ) charged with a public offense, do each agree to appear at
the district court of _____ County, to give evidence against (or for, as the case may be)
him and, failing to do so, to pay to the State of Alabama (or to the said G. H., if the undertaking
is for the defendant's witnesses) $100.00. Dated this _____ day of _____, 20__. (Signed) A.B.
C.D. E.F. Taken by L. M., Judge, District Court." (c) Whenever the court...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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23-1-82
Section 23-1-82 County commissions - Eminent domain. The county commissions of the several
counties of the state are given the right of eminent domain for the purpose of establishing
and changing public roads, bridges, and ferries in their respective counties, except in cases
where the State Department of Transportation has jurisdiction over such highways. When an
appeal is taken from any assessment in a condemnation proceeding brought by a county, such
appeal shall not deprive the county obtaining the judgment of condemnation of a right of entry
for any and all purposes named in the condemnation proceeding provided the amount of damages
assessed shall have been paid into court in money and a bond shall have been given in not
less than double the amount of damages assessed, with good and sufficient sureties, to be
approved by the clerk of the court to which the appeal is taken, conditioned to pay such damages
as the owner of the property may sustain. Said amount of damages may be paid...
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9-11-236
Section 9-11-236 Hunting, etc., or possession of protected birds or animals during closed season.
Any person who hunts, takes, catches, captures, kills, or has in his or her possession or
who attempts to hunt, take, catch, capture, or kill, any bird or animal protected by law or
regulation of this state except during the open season when same may be hunted, taken, caught,
captured, or killed shall be guilty of a misdemeanor and, upon conviction, shall be punished
by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars
($1,000) and, at the discretion of the court, may also be imprisoned in the county jail for
not longer than six months. It is provided further that any person who hunts, takes, catches,
captures, or kills, or attempts to hunt, take, catch, capture, or kill, a wild turkey in an
illegal manner or during the closed hunting season, or has in his or her possession a wild
turkey killed during the closed hunting season or taken in an...
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12-14-70
Section 12-14-70 Appeals to circuit courts from judgments of municipal courts and proceedings
thereon. (a) All appeals from judgments of municipal courts shall be to the circuit court
of the circuit in which the violation occurred for trial de novo. (b) The municipality may
appeal within 60 days, without bond, from a judgment of the municipal court holding an ordinance
invalid. (c) A defendant may appeal in any case within 14 days from the entry of judgment
by filing notice of appeal and giving bond, with or without surety, approved by the court
or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by
the court, or in the event no fine is levied the bond shall be in an amount not to exceed
$1,000.00, as fixed by the court, conditioned upon the defendant's appearance before the circuit
court. The municipal court may waive appearance bond upon satisfactory showing that the defendant
is indigent or otherwise unable to provide a surety bond. If an appeal...
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness to appear in conformity therewith
and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles
from the place of trial, computed by the route usually traveled, unless the person requesting
the subpoena makes affidavit that the personal attendance of the witness is necessary to a
proper decision of the case and that the deposition of the witness would be insufficient for
that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be...
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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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37-2-113
Section 37-2-113 Orders of commission - Remedy for noncompliance. The Public Service Commission
must notify the district attorney of the proper circuit and the Attorney General of the failure
of any railroad company or person operating a railroad to comply with any order made by such
commission for the erection of sitting or waiting rooms, within 60 days after the expiration
of the period within which such sitting or waiting rooms are to be erected; and thereupon,
it shall be the duty of the district attorney, under the direction of the Attorney General,
to bring a civil action in the name of the State of Alabama, or take other appropriate steps
in the circuit court, or before the judge of the circuit court to compel the erection of such
sitting or waiting rooms. For the purpose of entertaining, hearing, and deciding such cases,
the circuit court shall be always open, and the circuit judge may make all needful orders
and issue all writs and process. If the person or corporation...
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