12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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15-6-22
Section 15-6-22 Hearing; discharge of defendant; continuation of hearing. When a person complained
of is brought before the circuit, district or municipal court judge, he and his witnesses
must be heard in his defense; and, if on hearing the witnesses on both sides it appears that
there is no just reason to fear the commission of the offense, the defendant must be discharged.
If the hearing is continued, the judge shall require the defendant to give bail for his appearance,
and, failing to furnish the bail, the defendant must be committed to jail. (Code 1852, §412;
Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525;
Code 1923, §5143; Code 1940, T. 15, §406.)...
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34-3-10
Section 34-3-10 Practicing law by register or clerk of circuit court. Any register or clerk
of circuit court, who practices law in the court of which he is clerk or register, or any
partner of such register or clerk, who practices in such court, must, on conviction, be fined
not less than $100 nor more than $500. (Code 1886, §3944; Code 1896, §5130; Code 1907, §6317;
Code 1923, §3313; Code 1940, T. 46, §58.)...
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34-3-14
Section 34-3-14 Officers and deputies disqualified from practicing. The judge of any court
of record, the sheriff or deputy of the sheriff must not practice law; the clerk of the circuit
court or the deputy of the clerk must not practice in the county of which he or she is clerk
or deputy; the register or his or her partner or the deputy of the register must not practice
in the court of which he or she is register or deputy; the clerk of the judge of probate must
not practice in the court of which his or her principal is the judge. (Code 1852, §739; Code
1867, §873; Code 1876, §§792, 794; Code 1886, §865; Code 1896, §591; Code 1907, §2987;
Code 1923, §6252; Code 1940, T. 46, §45.)...
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43-2-451
Section 43-2-451 Proof of facts on application to sell for division; order of sale. The facts
stated in an application to sell land for distribution may be proved or disproved by the deposition
of disinterested witnesses, or by oral examination of disinterested witnesses in open court,
which must be reduced to writing, filed and recorded; and if the facts stated in such application
are proven to the satisfaction of the court by the evidence, the court may order a sale of
the land, which must be sold on such terms as the court may direct, not exceeding a credit
of three years. (Code 1852, §1872; Code 1867, §2228; Code 1876, §2457; Code 1886, §2113;
Code 1896, §166; Code 1907, §2630; Code 1923, §5859; Code 1940, T. 61, §254.)...
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43-2-531
Section 43-2-531 Issuance of citation; notice; when court required to examine, audit or restate
account. After stating such account, the court must issue a citation to such executor or administrator
to appear on a day therein named and file his accounts and vouchers for settlement or that
the account so stated will be passed, which must be served on him at least 10 days before
the day named therein; and must also give notice of such settlement by publication, as in
case of settlements voluntarily made by executors and administrators; and, if on the day named
such executor or administrator fails to appear and file his accounts and vouchers for settlement,
as required by law, the court must proceed to examine the account so stated and audit and,
if necessary, restate the same. (Code 1852, §§1818, 1819; Code 1867, §§2154, 2155; Code
1876, §§2525, 2526; Code 1886, §2156; Code 1896, §224; Code 1907, §2687; Code 1923, §5920;
Code 1940, T. 61, §317.)...
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45-28-234.13
Section 45-28-234.13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The board shall
have the power to administer oaths, take depositions, certify official acts, and issue subpoenas
to compel the attendance of witnesses and production of papers necessary as evidence in connection
with any hearing, investigation, or proceeding within the purview of this part. The sheriff,
or some other person so designated by the sheriff, shall serve all processes of the board,
and shall attend and preserve order at all public hearings conducted by the board. If a person
refuses to obey a subpoena from the board, the board or its authorized representative, may
ask the Circuit Court of Etowah County to order the evidence to be produced. Upon proper showing,
the circuit court may order compliance with the subpoena. Failure to comply with such an order
may constitute contempt of court. The fees of witnesses...
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11-44B-48
Section 11-44B-48 Conduct of hearing; appeal and review. (a) Within 90 calendar days after
receipt of written charges or a written appeal of an employee from a decision after predisciplinary
hearing, the board shall schedule and hold a public hearing in regard thereto and render a
decision. The board shall provide notice of the hearing to the mayor, the employee's department
head, and the city attorney. At the hearing, the employee shall be entitled to be represented
by an attorney of his or her choosing and expense. (b) If the regular status employee appeals,
no disciplinary action taken against the employee shall become final until the board holds
a hearing on the action. Provided however, suspensions with or without pay in regard to seeking
an employee's termination shall remain in effect until a final ruling by the board unless
otherwise ordered by the board. (c) All hearings before the board shall be recorded and transcribed.
In all cases, the decision of the board shall be...
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12-16-7
Section 12-16-7 Duty of juror to declare personal knowledge as to fact in controversy during
trial and proceedings upon such declaration; proceedings upon declaration of fact by juror
during retirement of jury. If a juror has personal knowledge respecting any fact in controversy,
he must declare it in open court during the trial; and, if during the retirement of the jury
a juror declares a fact as of his own knowledge which could be evidence in the case, the jury
must forthwith return into court and such juror must, in either case, be sworn and examined
as a witness in the presence of the parties. (Code 1852, §648; Code 1867, §4200; Code 1876,
§4905; Code 1886, §4475; Code 1896, §5299; Code 1907, §7896; Code 1923, §5634; Code 1940,
T. 30, §7.)...
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15-11-6
Section 15-11-6 Examination of complainant and witnesses. The court before whom any person
is brought charged with a public offense must examine the complainant and the witnesses for
the prosecution on oath, as soon as may be, in the presence of the defendant, and, after the
testimony for the prosecution is heard, the witnesses for the defendant must be sworn and
examined. (Code 1852, §458; Code 1867, §4007; Code 1876, §4677; Code 1886, §4284; Code
1896, §5233; Code 1907, §7598; Code 1923, §5231; Code 1940, T. 15, §133.)...
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