15-2-27
Section 15-2-27 Issuance of subpoenas for trial witnesses. At any time before the delivery
of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses
must be issued, on the application of either the defendant or the district attorney, by the
clerk of the court in which the indictment was found, commanding such witnesses to appear
at the court to which the trial is removed, which subpoenas must be executed by the sheriff
and returned to the clerk of the latter court; and the clerk of the court to which the trial
is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses.
(Code 1852, §658; Code 1867, §4210; Code 1876, §4915; Code 1886, §4489; Code 1896, §5313;
Code 1907, §7856; Code 1923, §5585; Code 1940, T. 15, §273.)...
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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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15-8-33
Section 15-8-33 How ownership of property alleged. When any property, upon or in relation
to which an offense was committed, belongs to several partners or owners, it is sufficient
to allege in an indictment the ownership to be in any one or more of such partners or owners;
or when the property is quasi-public property or belongs to an association, society or collection
of individuals, such as churches, meetinghouses, schoolhouses, lodges, etc., it shall not
be necessary for the indictment to allege ownership, but it shall be sufficient to describe
such property by the name by which it is commonly known or in any other manner which may sufficiently
identify the property, upon or in relation to which the offense charged was committed. (Code
1852, §577; Code 1867, §4127; Code 1876, §4800; Code 1886, §4381; Code 1896, §4909; Code
1907, §7147; Code 1923, §4542; Code 1940, T. 15, §245.)...
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15-9-41
Section 15-9-41 Arrest without warrant - When authorized; persons authorized to make
arrest; appearance of accused before judge. The arrest of a person may be lawfully made also
by an officer or a private citizen without a warrant upon reasonable information that the
accused stands charged with a crime punishable by death or life imprisonment in the courts
of another state. When so arrested, the accused must be taken before a district or circuit
court judge with all practicable speed and complaint must be made against him under oath setting
forth the ground for the arrest as in Section 15-9-40, and thereafter his answer shall
be heard as if he had been arrested on a warrant. (Acts 1931, No. 482, p. 559; Code 1940,
T. 15, §61.)...
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15-11-3
Section 15-11-3 Adjournment; commitment of defendant to jail or bail. When a defendant
is brought before a district court under a warrant of arrest for preliminary examination,
the court may adjourn the examination from time to time, as may be necessary, not exceeding
10 days at one time, without the consent of the defendant, and to the same or a different
place in the county. In such case, if the defendant is charged with a capital offense, he
must be committed to jail in the meantime; but if the offense is not capital, he may give
bail in such sum as the court directs for his appearance for such further examination or,
for the want thereof, must be committed. On the day to which the examination was adjourned,
the defendant may be brought before the court by verbal order to the officer who had charge
of him or by order in writing to a different person if the custody has been changed. (Code
1852, §454; Code 1867, §4003; Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code...

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15-13-105
Section 15-13-105 Order of bail in warrantless arrest cases. In cases where a defendant
is arrested without a warrant and taken into custody and there is no standard bail schedule
prescribed by the presiding judge of the court of jurisdiction for the amounts of bail for
such arrests without warrants, then the arresting officer shall, as soon as possible, contact
a judicial officer for an order of bail. If the arresting officer is unable to contact the
judicial officer having jurisdiction of the case, the arresting officer may contact any judicial
officer having the authority to set bail in that judicial circuit to issue the order of bail.
If no judicial officer has issued an order of bail within 24 hours of the arrest of defendant,
then the bail shall be set by operation of law and the amount of bail shall be that amount
prescribed as the minimum amount established by the bail schedule adopted by Supreme Court
rule. Provided, however, in violation and misdemeanor cases the minimum...
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15-15-21
Section 15-15-21 Information preferred and filed against defendant. When the desire
of a defendant to plead guilty is made known to the court, it shall direct the district attorney
of such court to prefer and file an information against such defendant, under the oath of
such district attorney or some witness, which information shall accuse the defendant, with
the same certainty as an indictment, of the criminal offense for which he is being held. (Acts
1939, No. 227, p. 367; Code 1940, T. 15, §261.)...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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15-7-20
Section 15-7-20 Discharge of defendant - By arresting officer. When the offense described
in an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such
sheriff or deputy may, on the request of the defendant, discharge him on sufficient bail for
his appearance at the next term of the court having jurisdiction of the offense to answer
any indictment which may be found against him therefor; and, if such court is in session,
for his appearance at such court. (Code 1852, §440; Code 1867, §3989; Code 1876, §4659;
Code 1886, §4275; Code 1896, §5224; Code 1907, §7589; Code 1923, §5222; Code 1940, T.
15, §124.)...
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15-14-2
Section 15-14-2 Defendant not to be tried until case on docket one day. No person shall
be tried on an indictment presented by the grand jury until at least one entire day after
the case has been placed upon the trial docket of the court, except with the consent of the
defendant. This section shall not apply to cases where an indictment has been quashed
or demurrer sustained thereto and a new indictment for identical offense is returned on the
same day. (Acts 1919, No. 119, p. 104; Code 1923, §5566; Code 1940, T. 15, §317.)...
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