15-10-42
Section 15-10-42 Form of writ - Misdemeanor. When the indictment is for a misdemeanor, the
writ of arrest may be in the same form as that set out in Section 15-10-41; except, that after
the words "commit him to jail," there must be added the words, "unless he gives
bail to answer such indictment." (Code 1852, §603; Code 1867, §4155; Code 1876, §4828;
Code 1886, §4398; Code 1896, §5254; Code 1907, §6286; Code 1923, §3280; Code 1940, T.
15, §171.)...
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15-10-60
Section 15-10-60 Definition; procedure. A "bench warrant" is one issued by a judge
for the arrest of one accused of a crime by a grand jury. Every officer is bound to issue
it within his jurisdiction, and every person so arrested must be committed to jail until bail
is tendered. Any judicial officer or the sheriff of the county where the accusation was found
may receive the bail, fix the amount of the bond and approve the sureties, unless it is a
case that is bailable only before some particular officer. (Code 1907, §7862; Code 1923,
§5597; Code 1940, T. 15, §184.)...
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15-11-4
Section 15-11-4 Default of defendant admitted to bail certified to circuit court; district
court's certificate as presumptive evidence of default. If the defendant does not appear before
the district court at the time to which an examination is adjourned, the default on the undertaking
of bail shall be certified by the district court to the circuit court, and the like proceedings
must be had thereon as upon the breach of an undertaking in that court, the certificate being
presumptive evidence of the default of the defendant. (Code 1852, §455; Code 1867, §4004;
Code 1876, §4674; Code 1886, §4281; Code 1896, §5230; Code 1907, §7595; Code 1923, §5228;
Code 1940, T. 15, §130.)...
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15-9-44
Section 15-9-44 Arrest without warrant - Failure to arrest accused on Governor's warrant within
time specified. If the accused is not arrested under warrant of the Governor by the expiration
of the time specified in the warrant, bond or undertaking, the district or circuit court judge
may discharge him, may recommit him to a further day or may again take bail for his appearance
and surrender, as provided in Section 15-9-43. At the expiration of the second period of commitment,
or if he has been bailed and appeared according to the terms of his bond or undertaking, the
judge may either discharge him or may require him to enter into a new bond or undertaking
to appear and surrender himself at another day. (Acts 1931, No. 482, p. 559; Code 1940, T.
15, §64.)...
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6-6-456
Section 6-6-456 Judgment and proceedings if possession of effects subject to levy and sale
admitted. If the garnishee admits the possession of effects of the defendant, the subject
of levy and sale under legal process, judgment of condemnation must be entered that such effects
be delivered upon demand after the entry of judgment in favor of the plaintiff in the original
action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must
make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand,
he must make return thereof to the clerk, who must thereupon issue an execution against the
garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however,
such failure is without fault or negligence on the part of the garnishee, he may tender to
the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused,
he may obtain relief by supersedeas. (Code 1852, §§2542-2544; Code...
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15-4-5
Section 15-4-5 Refusal of witness to answer questions. In an inquest under this chapter, any
witness who refuses to answer any question in relation to the cause of death, except on the
ground that it may criminate himself, is guilty of a misdemeanor and must be committed to
jail by the coroner, unless he gives bail in the sum of $500.00 to appear at the circuit court
and answer such offense, and, on conviction thereof, shall be fined not less than $200.00
nor more than $500.00, and may be imprisoned not exceeding three months. (Code 1852, §816;
Code 1867, §4367; Code 1876, §3995; Code 1886, §4805; Code 1896, §4928; Code 1907, §7166;
Code 1923, §4561; Code 1940, T. 15, §80.)...
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6-4-3
Section 6-4-3 Execution - Coroner or special coroner. (a) When the office of sheriff is vacant
and until his successor is qualified, when the sheriff is imprisoned or in cases in which
the sheriff is a party, is interested or otherwise is incompetent to act, the summons must
be directed to and executed by the coroner if such interest or cause appears on the face of
the proceedings; and if such interest or cause does not appear on the face of the proceedings,
the coroner must execute the summons, though directed to the sheriff, if the judge of probate,
on proper showing by affidavit, directs the execution thereof by the coroner. (b) When, in
such cases, the coroner has not qualified or the office is vacant or when the coroner is absent
from the county having no deputy therein, when the coroner is imprisoned or when he is a party
to or interested in the action, the summons must be directed to and executed by a special
coroner, to be appointed by the judge of probate. (Code 1852, §2171;...
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6-9-98
Section 6-9-98 Endorsements on execution writs - Time and order of receipt. The sheriff or
other officer receiving an execution must endorse thereon the day, month, and year of its
receipt, and when more than one execution against the same defendant comes to his hands on
the same day, if not received at the same time, he must endorse thereon the order in which
they are received. (Code 1852, §2436; Code 1867, §2851; Code 1876, §3189; Code 1886, §2898;
Code 1896, §1896; Code 1907, §4097; Code 1923, §7812; Code 1940, T. 7, §525.)...
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12-22-172
Section 12-22-172 Stays of execution on confessed judgments in misdemeanors. In the case of
a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and
costs as if no appeal were taken, but execution thereon must be stayed pending the appeal,
pursuant to the Alabama Rules of Appellate Procedure. If the judgment of conviction is reversed,
the confessed judgment is thereby vacated, but if the judgment of conviction is affirmed or
the appeal is dismissed, execution on such confessed judgment may issue at once. (Code 1896,
§4320; Code 1907, §6251; Code 1923, §3244; Code 1940, T. 15, §375.)...
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15-11-3
Section 15-11-3 Adjournment; commitment of defendant to jail or bail. When a defendant is brought
before a district court under a warrant of arrest for preliminary examination, the court may
adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one
time, without the consent of the defendant, and to the same or a different place in the county.
In such case, if the defendant is charged with a capital offense, he must be committed to
jail in the meantime; but if the offense is not capital, he may give bail in such sum as the
court directs for his appearance for such further examination or, for the want thereof, must
be committed. On the day to which the examination was adjourned, the defendant may be brought
before the court by verbal order to the officer who had charge of him or by order in writing
to a different person if the custody has been changed. (Code 1852, §454; Code 1867, §4003;
Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code...
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