|
15-15-44
Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; procedure when
plea sustained. A plea to an indictment, on the ground that the grand jurors by whom it was
found were not drawn in the presence of the officers designated by law must, if the accused
has been arrested, be filed at the session at which the indictment is found, and, if the accused
has not been arrested, it must be filed at the first session at which it is practicable after
the defendant's arrest; and, in all cases before a plea to the merits, if sustained, the defendant
must not be discharged but must be held in custody or bailed, as the case may be, to answer
another indictment at the same or the next session of the court, and the time elapsing between
the first and second indictments, in such case, must not be computed as a part of the period
limited by law for the prosecution of the offense. (Code 1852, §636; Code 1867, §4188; Code
1876, §4890; Code 1886, §4446; Code 1896, §5270; Code...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-44.htm - 1K - Match Info - Similar pages
15-15-41
Section 15-15-41 When filed generally. Any plea in abatement to an indictment must be filed
at the first session at which the indictment was found, if the accused has been arrested;
or, if the accused has not been arrested, such a plea in abatement must be filed at the first
session at which it is practicable after the defendant has been arrested, but in all cases
such a plea in abatement must be filed before the plea to the merits. (Acts 1909, No. 227,
p. 305; Code 1923, §8631; Code 1940, T. 15, §279.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-41.htm - 821 bytes - Match Info - Similar pages
10A-21-3.03
Section 10A-21-3.03 Entry of not guilty plea for corporation failing to appear, etc. If the
defendant corporation fails to appear and plead to the indictment, the court must cause the
plea of not guilty to be entered for it, and the trial shall proceed as if the corporation
had appeared and pleaded not guilty; but, in such case, proof must be made to the court that
the person upon whom the notice and copy of the indictment were served was an officer or agent
of the corporation authorized by law to receive such service. (Code 1896, §5318; Code 1907,
§6626; Code 1923, §3729; Code 1940, T. 10, §201; §10-7-3; amended and renumbered by Act
2009-513, p. 967, §360.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-21-3.03.htm - 1002 bytes - Match Info - Similar pages
15-8-110
Section 15-8-110 Preferring of new indictment; form of entry of record. When an indictment
is lost, mislaid or destroyed, the court may, on satisfactory proof thereof, order another
indictment to be preferred at the session at which such proof is made or at a subsequent session,
in which case an entry of record must be made to the effect following: "The State ) In
this case, it appearing to the court that an indictment was preferred against the defendant
at the _____ session, 20__, (stating the time) and that said indictment is lost, v.) A. B.)
mislaid or destroyed; it is, therefore, ordered that a new indictment be preferred against
the defendant for the same offense." (Code 1852, §595; Code 1867, §4145; Code 1876,
§4818; Code 1886, §4391; Code 1896, §4919; Code 1907, §7157; Code 1923, §4552; Code 1940,
T. 15, §255.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-110.htm - 1K - Match Info - Similar pages
15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-14-30.htm - 1K - Match Info - Similar pages
12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-222.htm - 1K - Match Info - Similar pages
15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-81.htm - 3K - Match Info - Similar pages
15-8-150
so advertised), which said stock (or other security) had not then been registered and recorded
in the register of the Alabama Securities Commission (or which said advertisement had not
then been filed with and approved by the chairman of the Alabama Securities Commission). (3)
AFFRAYS. A. B. and C. D. did fight together in a public place (4) ALTERING, ETC., MARKS, BRANDS,
ETC. A. B., with intent to defraud, marked or branded an unmarked horse, or altered or defaced
the mark or brand of a marked animal, the property of C. D. (5) CRUELTY TO ANIMALS.
A. B. did override (overdrive, overload, drive when overloaded, torture, torment, deprive
of necessary sustenance, mutilate or cruelly kill, or cause or procure the same, as the case
may be) a horse (or other domestic animal, naming it). (6) WANTON, MALICIOUS, ETC.,
DESTRUCTION, ETC., OF ANIMALS, ETC. A. B. did unlawfully, or wantonly, or maliciously, kill
(or disable, disfigure, destroy or injure) a horse (or other property mentioned in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-150.htm - 33K - Match Info - Similar pages
40-12-10
Section 40-12-10 License inspectors generally; when taxes due and payable; collection and distribution
of penalties and citation fees on delinquent licenses. (a) The county commission of each county
is hereby authorized and empowered to appoint a license inspector. (b) It shall be the duty
of the license inspector to scrutinize the records and stubs kept in the office of the probate
judge and also to examine the license records of each city or town located in the county or
counties of which he has been appointed license inspector; and, if it shall be reported to
any license inspector or come to his knowledge that any person, persons, firms, or corporations
have failed or refused to take out a license for a business or occupation for which a license
is required by the state or have failed or refused to take out a license for operating any
motor vehicle or trailer for which a license is required by law, the license inspector shall
thereupon cite such delinquent to appear before the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-12-10.htm - 6K - Match Info - Similar pages
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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-4.htm - 8K - Match Info - Similar pages
|