15-8-91
Section 15-8-91 Prosecution dismissed where amendment not consented to by defendant; new indictment;
form of entry of record. If the defendant will not consent to such amendment of an indictment,
the prosecution may be dismissed at any time before the jury retires as to the count in the
indictment to which the variance applies, and the court may order another indictment to be
preferred at a subsequent time, in which case an entry of record must be made to the effect
following: "The State ) In this case, it appeared from the evidence that there was a
variance between the allegations of the indictment and the "The State proof in this (setting
out the variance); or it appeared from the evidence that the defendant's name was ...(stating
it); and the defendant not consenting to allow the indictment to be amended, the prosecution
was dismissed before the jury retired, and another indictment was ordered to be preferred."
v.) A. B.) (Code 1852, §594; Code 1867, §4144; Code 1876, §4817; Code...
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15-8-110
Section 15-8-110 Preferring of new indictment; form of entry of record. When an indictment
is lost, mislaid or destroyed, the court may, on satisfactory proof thereof, order another
indictment to be preferred at the session at which such proof is made or at a subsequent session,
in which case an entry of record must be made to the effect following: "The State ) In
this case, it appearing to the court that an indictment was preferred against the defendant
at the _____ session, 20__, (stating the time) and that said indictment is lost, v.) A. B.)
mislaid or destroyed; it is, therefore, ordered that a new indictment be preferred against
the defendant for the same offense." (Code 1852, §595; Code 1867, §4145; Code 1876,
§4818; Code 1886, §4391; Code 1896, §4919; Code 1907, §7157; Code 1923, §4552; Code 1940,
T. 15, §255.)...
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40-23-35
Section 40-23-35 Disposition of revenues from tax. (a) Such amount of money as shall be appropriated
for each fiscal year by the Legislature to the Department of Revenue with which to pay the
salaries, the cost of operation and management of the department shall be deducted, as a first
charge thereon, from the taxes collected under the provisions of this division; provided,
that the expenditure of the sum so appropriated shall be budgeted and allotted pursuant to
Article 4 of Chapter 4 of Title 41, and limited to the amount appropriated to defray the expenses
of operating the department for each fiscal year. After the payment of the expenses, so much
of the amount remaining as may be necessary, after first applying all sums of money received
by reason of the application of the surplus in the income tax as provided by Section 40-18-58,
for the replacement in the public school fund of the three-mill constitutional levy for schools
and in the General Fund of the one-mill levy for...
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28-4-136
Section 28-4-136 Penalties for violations of provisions of article by railroad companies, express
companies, etc.; duties of district attorney in cases of grand jury indictments. (a) Any railroad
company, express company or other carrier or any person or corporation violating any of the
provisions of this article or failing to comply with any requirements thereof shall be guilty
of a misdemeanor, punishable by a fine of not less than $50.00 nor more than $500.00, to which,
at the discretion of the court, may be added imprisonment in the county jail or confinement
at hard labor for the county for not more than six months for the first conviction. On the
second and every subsequent conviction of a violation of any provisions of this article, the
offense shall, in addition to a fine within the limitations above named, be punishable by
imprisonment in the county jail or at hard labor for the county for not less than three nor
more than six months, to be imposed by the court. (b) It shall...
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40-29-119
Section 40-29-119 Periods of limitation on criminal prosecutions. (a) No person shall be prosecuted,
tried, or punished for any of the various offenses arising under the revenue laws unless the
indictment is found or the prosecution instituted within three years next after the commission
of the offense, except that the period of limitation shall be six years: (1) For offenses
involving the defrauding or attempting to defraud the State of Alabama or any agency thereof,
whether by conspiracy or not, and in any manner; (2) For the offense of willfully attempting
in any manner to evade or defeat any tax or the payment thereof; (3) For the offense of willfully
aiding or assisting in, or procuring, counseling, or advising, the preparation or presentation
under, or in connection with any matter arising under, the statute revenue laws, of a false
or fraudulent return, affidavit, claim or document (whether or not such falsity or fraud is
with the knowledge or consent of the person authorized or...
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13A-10-39
Section 13A-10-39 Bail jumping in the first degree. (a) The person commits the crime of bail
jumping in the first degree if, having been lawfully released from custody, with or without
bail, upon condition that he will subsequently appear at a specified time and place in connection
with a charge of his having committed murder or any Class A or B felony, he fails to appear
at the time and place. (b) It is a defense to prosecution under this section that the defendant's
failure to appear was unintentional or was unavoidable and due to circumstances beyond his
control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability
and circumstances beyond his control, is on the defendant. (c) Bail jumping in the first degree
is a Class C felony. (Acts 1977, No. 607, p. 812, §4620.)...
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27-15-17
Section 27-15-17 Annuity and pure endowment contract provisions - Grace period. In an annuity
or pure endowment contract, other than a reversionary, survivorship or group annuity, there
shall be a provision that there shall be a period of grace of one month, but not less than
30 days, within which any stipulated payment to the insurer falling due after the first may
be made, subject at the option of the insurer to an interest charge thereon at a rate to be
specified in the contract but not exceeding six percent per annum for the number of days of
grace elapsing before such payment, during which period of grace the contract shall continue
in full force; but in case a claim arises under the contract on account of death prior to
expiration of the period of grace before the overdue payment to the insurer or the deferred
payments of the current contract year, if any, are made, the amount of such payments, with
interest on any overdue payments, may be deducted from any amount payable under...
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28-4-321
Section 28-4-321 Contents and sufficiency of charges in indictments, complaints, affidavits,
etc., for sale, offer for sale, possession, etc., of prohibited liquors and beverages, etc.,
generally; proof of charges generally; admissibility in evidence of testimony of persons purchasing,
etc., prohibited liquors and beverages, etc.; immunity from prosecution of persons testifying
as to violations of chapter, etc. In an indictment, complaint or affidavit for selling, offering
for sale, keeping for sale or otherwise disposing of spirituous, vinous or malt liquors, it
is sufficient to charge that the defendant sold, offered for sale, kept for sale or otherwise
disposed of spirituous, vinous or malt liquors contrary to law, and in an indictment, complaint
or affidavit for selling, offering for sale, keeping for sale or otherwise disposing of prohibited
liquors and beverages, it is sufficient to charge that the defendant sold, offered for sale,
kept for sale or otherwise disposed of...
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40-14A-36
Section 40-14A-36 (Repealed for taxable years beginning on or after January 1, 2002.) Remittance
and disposition of tax. The tax levied by this article shall be due at the same time the return
is due. Remittance of the shares tax required by the above sections shall be made to the department
at Montgomery, Alabama, for deposit to the State Treasurer of Alabama. In addition to all
other appropriations heretofore or hereinafter made, there is hereby appropriated to the department
for the fiscal year ending September 30, 2000, such amount as is reasonably required to offset
its conversion costs as a first charge against the revenues from the tax levied by this article.
For all subsequent years, there shall be appropriated to the department as a first charge
against the revenues from the tax levied by this article an amount that will offset its actual
costs in the administration and regulation of this tax. The balance of the shares tax collected
shall be distributed each fiscal year to the...
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40-14A-26
Section 40-14A-26 Remittance and disposition of tax. The tax levied by this article shall be
due at the same time the return is due. Remittance of the tax levied by this article shall
be made to the department at Montgomery, Alabama, for deposit to the State Treasurer of Alabama.
In addition to all other appropriations heretofore or hereinafter made, there is hereby appropriated
to the department for the fiscal year ending September 30, 2000, such amount as is reasonably
required to offset its conversion costs as a first charge against the revenues from the tax
levied by this article. The department and the Secretary of State shall each promulgate a
regulation listing those persons who are authorized to execute the privilege tax return and
the extension request, and the annual report, respectively, which shall permit the taxpayer's
return preparer to execute any of those forms on behalf of the taxpayer. For all subsequent
years, there shall be appropriated to the department as a first...
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