15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted to
bail when he is charged with an offense which may be punished by death if the court is of
the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is likely to produce
death and which was committed under circumstances such as would, if death arises from such
injury, constitute an offense which may be punished by death. (b) In cases punishable capitally,
the defendant is entitled to bail as a matter of right when the state, after the finding of
the indictment, has continued the case twice, without his consent, for the testimony of absent
witnesses. In such case, if the indictment is dismissed, the defendant, on application for
bail, is entitled to the benefit of any continuance had upon such indictment by the state
for absent witnesses; and, if another indictment is not found at the...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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12-21-303
Section 12-21-303 When subdivision not applicable. This subdivision shall not apply where the
defendant is charged with an offense punishable by death, nor shall this subdivision apply
to the offenses enumerated in Chapter 6 of Title 13A. (Acts 1995, No. 95-743, p. 1688, §4.)...

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15-13-5
Section 15-13-5 Discharge of defendant by sheriff or deputy after indictment for misdemeanor.
(a) If the offense charged in an indictment is a misdemeanor, the defendant must be discharged
by the sheriff, or his deputy, on giving sufficient bail; but the amount of bail must in no
case be less than $50.00. (b) If an indictment charges a misdemeanor and the defendant is
committed to jail for want of bail, the sheriff may, at any time, discharge him on his giving
bail in the amount required. (Code 1852, §§605, 609; Code 1867, §§4157, 4161; Code 1876,
§§4830, 4832; Code 1886, §§4410, 4430; Code 1896, §§4350, 4353; Code 1907, §§6330,
6333; Code 1923, §§3363, 3366; Code 1940, T. 15, §§188, 191; Acts 1949, No. 199, p. 230.)...

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15-8-20
Section 15-8-20 Offenses charged or described as at common law. In an indictment for an offense
which was indictable at common law, the offense may be charged or described as at common law,
and the defendant, if convicted, must receive the punishment prescribed by the statute. (Code
1852, §570; Code 1867, §4120; Code 1876, §4793; Code 1886, §4371; Code 1896, §4899; Code
1907, §7137; Code 1923, §4532; Code 1940, T. 15, §235.)...
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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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15-11-6
Section 15-11-6 Examination of complainant and witnesses. The court before whom any person
is brought charged with a public offense must examine the complainant and the witnesses for
the prosecution on oath, as soon as may be, in the presence of the defendant, and, after the
testimony for the prosecution is heard, the witnesses for the defendant must be sworn and
examined. (Code 1852, §458; Code 1867, §4007; Code 1876, §4677; Code 1886, §4284; Code
1896, §5233; Code 1907, §7598; Code 1923, §5231; Code 1940, T. 15, §133.)...
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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence unnecessary.
(a) Any person charged with an indictable offense may have his trial removed to another county,
on making application to the court, setting forth specifically the reasons why he cannot have
a fair and impartial trial in the county in which the indictment is found. The application
must be sworn to by him and must be made as early as practicable before the trial, or it may
be made after conviction upon a new trial being granted. (b) The refusal of such application
may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court
of Criminal Appeals shall reverse and remand or enter such judgment on the application as
it may deem right without any presumption in favor of the judgment or ruling of the lower
court on such application. (c) If the defendant is in confinement, the application may be
heard and determined without the personal presence of the defendant in...
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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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15-11-12
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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