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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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6-6-663
Section 6-6-663 Hearing and determination. Unless in cases otherwise directed by this article,
the court must hear and determine the motion and enter judgment upon the evidence without
a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately
impaneled to try the facts, unless good cause shall be shown for a continuance. (Code 1852,
§2599; Code 1867, §3028; Code 1876, §3354; Code 1886, §3098; Code 1896, §3766; Code 1907,
§5902; Code 1923, §10229; Code 1940, T. 7, §593.)...
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15-16-21
Section 15-16-21 Suspension of felony trial to inquire into accused's sanity; proceedings upon
jury findings; resumption of proceedings when sanity restored; release restriction. If any
person charged with any felony is held in confinement under indictment and the trial court
shall have reasonable ground to doubt his sanity, the trial of such person for such offense
shall be suspended until the jury shall inquire into the fact of such sanity, such jury to
be impaneled from the regular jurors in attendance for the week or from a special venire,
as the court may direct. If the jury shall find the accused sane at the time of its verdict,
it shall make no other inquiry, and the trial in chief shall proceed. If it finds that he
is insane at that time, the court shall make an order committing him to the Alabama state
hospitals, where he must remain until he is restored to his right mind. When the superintendent
of the hospitals shall be of opinion that such person is so restored, he shall...
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15-15-20
Section 15-15-20 (Repealed effective upon approval of Act 96-586) Felony cases. In all felony
cases, except those where the punishment imposed may be death, in which a defendant has been
bound over to the circuit court to await the action of the grand jury, is confined in jail
awaiting preliminary hearing or is confined in jail after having waived to the grand jury,
such defendant may make known, to the district or circuit court of the county having jurisdiction
of the offense with which he is charged, that he desires to plead guilty. (Acts 1939, No.
227, p. 367; Code 1940, T. 15, §260; Acts 1996, No. 96-531, §3.)...
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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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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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13A-2-2
Section 13A-2-2 Definitions - Definitions of culpable mental state. The following definitions
apply to this Criminal Code: (1) INTENTIONALLY. A person acts intentionally with respect to
a result or to conduct described by a statute defining an offense, when his purpose is to
cause that result or to engage in that conduct. (2) KNOWINGLY. A person acts knowingly with
respect to conduct or to a circumstance described by a statute defining an offense when he
is aware that his conduct is of that nature or that the circumstance exists. (3) RECKLESSLY.
A person acts recklessly with respect to a result or to a circumstance described by a statute
defining an offense when he is aware of and consciously disregards a substantial and unjustifiable
risk that the result will occur or that the circumstance exists. The risk must be of such
nature and degree that disregard thereof constitutes a gross deviation from the standard of
conduct that a reasonable person would observe in the situation. A person...
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45-5-120
Section 45-5-120 Merit system; board; violations. (a) This section shall apply only in Blount
County, Alabama. (b) As used in this section, unless the context clearly requires a different
meaning: (1) "County" means Blount County; (2) "Municipality" means any
municipality in Blount County; (3) "Employee" means any person, including law enforcement
officers, not excepted by subsection (c), who is employed in the service of Blount County
or any municipality of Blount County or any board, agency, or instrumentality thereof; (4)
"Merit employee" means any such employee who shall have completed one year of probationary
employment; (5) "Board" means the merit system board created by this section; (6)
"Appointment authority" means in the case of employees in the offices of the elected
officials of the county or of a municipality, such elected officials, and means, in the case
of all other county or municipal employees, the county or municipal governing body, or the
board or other agency...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon
the application of either party in a proceeding under Section 6-6-540, a trial by jury shall
be directed to determine the issues or any specified issue of fact presented by the pleadings,
and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof;
and when a trial by jury is not requested, or as to the facts for which the same is not requested,
the court shall consider and determine any title, claim, interest, or encumbrance. The court
shall, upon the finding of the jury or upon such consideration and determination, finally
adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such
lands, or any part thereof, what such right, title, interest, or encumbrance is and in or
upon what part of the lands the same exists; and such judgment is binding and conclusive upon
all the parties to the action. (Code 1896, §812; Code 1907,...
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