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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15-4-9
Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused
before judge. (a) If a jury summoned under this chapter finds that the deceased came to his
death by the act of another by unlawful means, the coroner may issue a warrant of arrest for
such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which
the inquest was held, and the district court judge must proceed to examine the charge and
commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of
such chapter. (Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809;
Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)...
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15-8-70
Section 15-8-70 Presentation to court and endorsement; limitations on entry in minutes and
inspection. All indictments must be presented to the court by the foreman of the grand jury
in the presence of at least 11 other jurors, must be endorsed "filed" and must have
the endorsement dated and signed by the clerk; but no entry of an indictment found must be
made on the minutes, nor must any indictment be inspected by any other person than the district
attorney, the presiding judge and the clerk of the court until the defendant has been arrested
or has given bail for his appearance. (Code 1852, §598; Code 1867, §4148; Code 1876, §4821;
Code 1886, §4386; Code 1896, §4914; Code 1907, §7152; Code 1923, §4547; Code 1940, T.
15, §250.)...
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17-16-59
Section 17-16-59 Judgment of court. If, on the trial of the contest of any election, either
before the judge of probate or the circuit court, it shall appear that any person other than
the one whose election is contested, received or would have received, had the ballots intended
for the person and illegally rejected been received, the highest number of legal votes, judgment
must be given declaring such person duly elected, and such judgment shall have the force and
effect of investing the person thereby declared elected, with full right and title to have
and to hold the office to which the person is declared elected. If it appears that two or
more persons have, or would have had, if the ballots intended for them and illegally rejected
had been received, the highest and equal number of votes for such office, judgment must be
entered declaring the fact, and such fact must be certified to the officer having authority
to fill vacancies in the office the election to which was contested. If...
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19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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28-4-25
Section 28-4-25 Allowance of reward to sheriff or other person furnishing evidence to support
conviction for violation of Section 28-4-24. Whenever any person is convicted in the circuit
court under Section 28-4-24 of unlawfully distilling or manufacturing or making any of the
prohibited liquors or beverages as defined in this chapter, there shall be charged to the
Alabama Alcoholic Beverage Control Board to be paid by them the sum of $50.00 out of the funds
used by the board for the purchase of alcoholic beverages to be allowed the sheriff or other
officer or person who furnished the evidence and brought about the conviction. Said sheriff
or other officer or person must satisfy the presiding judge that he is the person entitled
to said sum and shall receive from the judge a certificate to that effect. (Acts 1919, No.
7, p. 6; Code 1923, §4626; Code 1940, T. 29, §102; Acts 1953, No. 699, p. 954.)...
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31-2A-7
Section 31-2A-7 (Article 7.) Apprehension. (a) Apprehension is the taking of a person into
custody. (b) Any person authorized by this code or by Chapter 47 of Title 10, U.S.C., or by
regulations issued under either, to apprehend persons subject to this code, any marshal of
a court-martial appointed pursuant to the provisions of this code, and any peace officer or
civil officer having authority to apprehend offenders under the laws of the United States
or of a state, may do so upon probable cause that an offense has been committed and that the
person apprehended committed it. (c) Commissioned officers, warrant officers, petty officers,
and noncommissioned officers have authority to quell quarrels, frays, and disorders among
persons subject to this code and to apprehend persons subject to this code who take part therein.
(d) If an offender is apprehended outside the state, the offender's return to the area must
be in accordance with normal extradition procedures or by reciprocal...
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40-10-125
Section 40-10-125 Redeeming lots and parcels without redeeming entire property - How redeemed.
A person desiring to redeem any separate lot or parcel of land as authorized by Section 40-10-124
must file with the judge of probate an application in writing, under oath, setting forth the
date of the decree, the name of the defaulting taxpayer against whom the same was rendered,
the description and character of each lot or parcel of land included in the decree and the
assessed value thereof, if separately valued in the assessment or, if not separately valued,
stating that fact and stating the assessed value of the whole of the lands, a description
of the lot or parcel which the applicant seeks to redeem and, if not separately valued in
the assessment, stating the value thereof at the time of the assessment and the nature of
his interest in such lot or parcel; and such applicant must deposit with the judge of probate
a sum of money which bears the same proportion to the amount of taxes,...
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43-2-411
Section 43-2-411 Notice of application. Notice of such application must be given to some person
adversely interested in such manner, and for such length of time, not less than three weeks,
as the judge of probate may require; but when the property is perishable, and it is so specified
in the application, no notice is required if the judge is satisfied of the truth of the allegations
contained in the application. (Code 1867, §2068; Code 1876, §2434; Code 1886, §2093; Code
1896, §143; Code 1907, §2607; Code 1923, §5833; Code 1940, T. 61, §229.)...
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