43-8-190
Section 43-8-190 Who may contest will; filing objections; making up issue; trial by jury. A
will, before the probate thereof, may be contested by any person interested therein, or by
any person, who, if the testator had died intestate, would have been an heir or distributee
of his estate, by filing in the court where it is offered for probate allegations in writing
that the will was not duly executed, or of the unsoundness of mind of the testator, or of
any other valid objections thereto; and thereupon an issue must be made up, under the direction
of the court, between the person making the application, as plaintiff, and the person contesting
the validity of the will, as defendant; and such issue must, on application of either party,
be tried by a jury. (Code 1852, §1634; Code 1867, §1953; Code 1876, §2317; Code 1886, §1989;
Code 1896, §4287; Code 1907, §6196; Code 1923, §10625; Code 1940, T. 61, §52; Code 1975,
§43-1-70.)...
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43-8-194
Section 43-8-194 Depositions of witnesses; rules governing procedure. For the trial of such
contest, depositions of witnesses may be taken in like cases, for the same causes and in the
same manner, as depositions are taken in civil actions in the circuit court. In all matters
relating to the organization and impaneling of the jury, to the evidence, mode of proceeding
and investigation and determination of such contest, not specially provided for by this article,
the court shall proceed and be governed by the same rules and regulations, so far as applicable,
as prevail in courts of law in civil cases. (Code 1852, §§1641, 1643; Code 1867, §§1960,
1962; Code 1876, §§2324, 2326; Code 1886, §1994; Code 1896, §4292; Code 1907, §6201;
Code 1923, §10630; Code 1940, T. 61, §57; Code 1975, §43-1-74.)...
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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.)...
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12-21-142
Section 12-21-142 Exemption of news-gathering persons from disclosing sources. No person engaged
in, connected with or employed on any newspaper, radio broadcasting station or television
station, while engaged in a news-gathering capacity, shall be compelled to disclose in any
legal proceeding or trial, before any court or before a grand jury of any court, before the
presiding officer of any tribunal or his agent or agents or before any committee of the Legislature
or elsewhere the sources of any information procured or obtained by him and published in the
newspaper, broadcast by any broadcasting station, or televised by any television station on
which he is engaged, connected with or employed. (Acts 1935, No. 253, p. 649; Code 1940, T.
7, §370; Acts 1949, No. 376, p. 548.)...
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28-4-295
Section 28-4-295 Disposition of prohibited liquors and beverages held for use as evidence upon
conviction of person possessing, etc., same. Whenever prohibited liquors and beverages, or
any of them, are seized and held for use as evidence before any court on the trial of any
person for a violation of the prohibitory laws of the state or the prohibitory ordinance of
any municipality and the person is convicted for violating such law or ordinance in any way
by his connection with or possession or ownership of the liquors and beverages, or any of
them, then, within 10 days after conviction, without any order of the court to that effect,
the custodian of the liquor or beverage is authorized to proceed and shall proceed to dispose
of the same as provided in Section 28-4-273. (Acts 1919, No. 7, p. 6; Code 1923, §4773; Code
1940, T. 29, §242.)...
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36-9-2
Section 36-9-2 Conviction of officeholder of felony vacates office; when restored to office.
When any person holding any office or place under the authority of this state is convicted
by any court of the United States, of this state or of any other state of a felony, his office
or place shall be vacated from the time of the conviction. If the judgment is reversed, new
trial granted or judgment notwithstanding the verdict is rendered, he shall be restored to
office; but, if pardoned, he shall not be restored to office. (Code 1852, §107; Code 1867,
§146; Code 1876, §151; Code 1886, §243; Code 1896, §3142; Code 1907, §1558; Code 1923,
§2699; Code 1940, T. 41, §162; Acts 1989, No. 89-420, p. 885, §1.)...
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43-8-192
Section 43-8-192 Drawing and summoning of jurors; penalty for default. (a) The jury for the
trial of such contest must be drawn and summoned as provided by law. (b) Any person summoned
as a juror who shall, without legal cause or good excuse, fail to attend at the time and place
required, shall be guilty of a contempt of court and may be punished by the court by a fine
of not exceeding $100.00. (Code 1852, §§1637-1639; Code 1867, §§1956-1958; Code 1876,
§§2320-2322; Code 1886, §§1991, 1992; Code 1896, §§4289, 4290; Code 1907, §§6198,
6199; Acts 1909, No. 227, p. 305; Code 1923, §§10627, 10628; Code 1940, T. 61, §§54, 55;
Code 1975, §43-1-72.)...
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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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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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13A-12-193
Section 13A-12-193 Proof of age of person contained in visual depiction; inferences as to age.
(a) In proving that a person in a visual depiction who is engaged in any obscene act set out
in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197 is under the age of 17 years,
the state is not required to introduce into evidence a birth certificate, produce testimony
as to the date of birth of such person, or produce testimony of any person who knows or is
acquainted with the person alleged to be under the age of 17 years. If the defendant or the
state intends to rely on a birth certificate to prove the date of birth of any person in the
visually reproduced matter, such defendant or the state shall file with the clerk of the court
in which the action is pending, at least 15 days prior to trial, a notice of an intention
to rely on an official, certified copy of a birth certificate together with a copy of the
birth certificate. (b) A jury, or the court if a jury trial is waived, may...
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