12-21-220
Section 12-21-220 Right of defendant to be witness; effect of prosecution's comment on defendant's
failure to testify. On the trial of all indictments, complaints or other criminal proceedings,
the person on trial shall, at his own request, but not otherwise, be a competent witness,
and his failure to make such a request shall not create any presumption against him nor be
the subject of comment by counsel. If the district attorney makes any comment concerning the
defendant's failure to testify, a new trial must be granted on motion filed within 30 days
from entry of the judgment. (Code 1886, §4473; Code 1896, §5279; Code 1907, §7894; Code
1923, §5632; Code 1940, T. 15, §305; Acts 1949, No. 124, p.150.)...
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14-6-15
Section 14-6-15 Commitment or discharge of prisoners - Duty of sheriff to report to clerk of
circuit court. When a prisoner is committed to the county jail, it is the duty of the sheriff
of such county, in person or by deputy, to report in writing to the clerk of the circuit court
of such county, within 10 days next succeeding the commitment, the name of such prisoner,
the day of his entering such jail and by what authority and upon what charge committed; and
when a prisoner is discharged from, or otherwise leaves such jail, the sheriff shall report
to such clerk, within two days next succeeding, the name of such prisoner and by what authority
and when he so left or was discharged. (Code 1886, §4555; Code 1896, §4966; Code 1907, §7211;
Code 1923, §4821; Code 1940, T. 45, §138.)...
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15-9-43
Section 15-9-43 Arrest without warrant - When accused to be admitted to bail; conditions of
bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable
by death or life imprisonment under the laws of the state in which it was committed, the district
or circuit court judge must admit the person arrested to bail by bond or undertaking, with
sufficient sureties and in such sum as he deems proper, for his appearance before him at a
time specified in such bond or undertaking, and for his surrender, to be arrested upon the
warrant of the Governor of this state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §63.)...

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35-6-114
Section 35-6-114 When sheriff ordered to take possession of crops; forthcoming bond. (a) If,
at the time of filing such application, or afterwards, any party interested in the crops,
his agent or attorney, makes affidavit before the judge of probate that he has cause to believe
that the crops, or any portion thereof, will be removed, sold, consumed, or destroyed before
they can be divided, and gives bond, with sufficient surety, in double the value of the property
to be divided, payable to the defendant or defendants, with condition to pay all costs and
damages that may accrue from the wrongful filing of the application, the court shall order
the sheriff to take possession of such crops, and to safely keep the same until final disposition
thereof shall be made by the court, unless the other parties in interest, or some of them,
give bond, with sufficient surety, to be approved by the sheriff, in double the value of the
shares of those complaining, with condition for the delivery of...
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9-12-5
Section 9-12-5 Proceedings as to violations of chapter - Hearing; imposition of fine and condemnation
and sale of boat, etc., upon conviction; discharge of accused and release of boat, etc. If
upon the hearing the offense is established, the judge of the district court must fine each
of the offenders as is provided for in the section of this chapter which is violated or as
otherwise provided by law and, if the fine is not paid, must commit him or them to jail and
must also condemn the boat, vessel or craft, together with her tackle, apparel, furniture
and appurtenances, forfeited to the state, and direct that it be sold and adjudge the cost
of the proceeding before him to be paid by the accused. If he is not satisfied from the proof
that the accusation is established, he must discharge the accused and release the boat, vessel
or craft and other property seized. (Code 1852, §1124; Code 1867, §1304; Code 1876, §1612;
Code 1886, §4723; Code 1896, §5578; Code 1907, §7499; Code 1923,...
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15-10-3
Section 15-10-3 Arrest without warrant - Generally; written report; protection orders. (a)
An officer may arrest a person without a warrant, on any day and at any time in any of the
following instances: (1) If a public offense has been committed or a breach of the peace threatened
in the presence of the officer. (2) When a felony has been committed, though not in the presence
of the officer, by the person arrested. (3) When a felony has been committed and the officer
has probable cause to believe that the person arrested committed the felony. (4) When the
officer has probable cause to believe that the person arrested has committed a felony, although
it may afterwards appear that a felony had not in fact been committed. (5) When a charge has
been made, upon probable cause, that the person arrested has committed a felony. (6) When
the officer has actual knowledge that a warrant for the person's arrest for the commission
of a felony or misdemeanor has been issued, provided the warrant was...
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17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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31-2-28
Section 31-2-28 Officers and enlisted men personally responsible for care, etc., of military
property in custody. Every officer and enlisted man to whom any articles of military property
are delivered in pursuance of the provisions of this chapter, shall be held personally responsible
for their care, safeguarding, and return. He shall use the same for military purposes only,
and upon receiving discharge or otherwise leaving the military service, or upon demand of
his commanding officer, shall forthwith surrender and deliver up the property to the commanding
officer in as good order and condition as the same was at the time of receiving it, reasonable
use and ordinary wear thereof excepted. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940,
T. 35, §27; Acts 1973, No. 1038, p. 1572, §28.)...
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6-6-599
Section 6-6-599 Judgment - Dissolving corporation and excluding same from corporate rights,
etc. If it is adjudged that a corporation against which an action has been commenced under
this article has, by neglect, abuse or surrender, forfeited its corporate rights, privileges,
and franchises, judgment must be entered that the corporation be excluded from such corporate
rights, privileges, and franchises and be dissolved, and judgment for costs must be entered
against the persons claiming to be such corporation and the directors or managers thereof,
as established by the evidence. Execution shall be issued on such judgment at the expiration
of five days from the date thereof, unless the defendant or the persons claiming to be such
corporation shall, within such time, take an appeal to the supreme court. (Code 1852, §2666;
Code 1867, §3094; Code 1876, §3434; Code 1886, §3179; Code 1896, §3433; Code 1907, §5466;
Code 1923, §9945; Code 1940, T. 7, §1149.)...
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6-6-77
Section 6-6-77 Sale of property levied on where perishable or expensive to keep. (a) If the
property levied on is perishable or if the expense of keeping is great, it must be sold by
order of the court, on motion of either party, and the proceeds of sale retained by the sheriff
to await the decision of the case, unless the court otherwise directs. (b) If the property
levied on is of so perishable a nature that it will deteriorate greatly in value or be destroyed
before the meeting of the court or if the charge of keeping it is very great, it is the duty
of the sheriff, if not replevied, to sell it at public auction, returning a statement of the
facts and the money to the court. (Code 1852, §§2528, 2529; Code 1867, §§2956, 2957; Code
1876, §§3281, 3282; Code 1886, §§2958, 2959; Code 1896, §§549, 550; Code 1907, §§2949,
2950; Code 1923, §§6197, 6198; Code 1940, T. 7, §§870, 871.)...
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