15-5-18
Section 15-5-18 Payment of fees and costs. The complainant must pay the fees of a search warrant before he is entitled to the same, and must also pay the officer his fees for the execution before the same is executed; and if, on the hearing, it appears that there was no probable cause for believing the existence of the grounds on which the warrant was issued, the whole costs may be taxed against the complainant and an execution issued therefor, returnable on any day the judge or the magistrate may direct. (Code 1852, §843; Code 1867, §4394; Code 1876, §4023; Code 1886, §4744; Code 1896, §5501; Code 1907, §7774; Code 1923, §5488; Code 1940, T. 15, §117.)...
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15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal court judge, it appears that there is reason to fear the commission of any offense by the person complained of, such judge must issue a warrant directed to any lawful officer of the state, containing the substance of the complaint and commanding such officer forthwith to arrest the person complained of and bring him before him or some other judge having jurisdiction of the matter. (b) The warrant may be after the following form: "State of Alabama, ___ County. To any lawful officer of the state: Complaint on oath having been made before me that C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly the offense threatened or about to be committed) on the person or property of ______, you are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other judge having jurisdiction of the matter, setting forth his name and office)....
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15-7-3
Section 15-7-3 Warrant of arrest - When issued. If the judge or magistrate is reasonably satisfied from such deposition that the offense complained of has been committed and that there is reasonable ground to believe that the defendant is guilty thereof, he must issue a warrant of arrest. (Code 1852, §431; Code 1867, §3980; Code 1876, §4650; Code 1886, §4258; Code 1896, §5207; Code 1907, §7587; Code 1923, §5220; Code 1940, T. 15, §122.)...
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15-7-4
Section 15-7-4 Warrant of arrest - Defined; contents; form. (a) A "warrant of arrest" is an order in writing, issued and signed by a judge or magistrate, stating the substance of the complaint and directed to a proper officer, commanding him to arrest the defendant. (b) Such warrant must designate the name of the defendant, if known; but if it states that the name is unknown to the judge or magistrate, then no name need be inserted. It must also state the offense by name or so that it can be clearly inferred, the county in which it was issued must appear from some part of the warrant, and the warrant must be signed by the judge or magistrate, with his name and initials of office, or the same must in some way appear from the warrant. It must be directed "to any lawful officer of the state," and, if executed by any lawful officer having authority to execute it, it is valid without regard to its direction. (c) A warrant of arrest may be in substance as follows: The State of Alabama,...
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17-16-51
Section 17-16-51 Contest of senator or representative in Legislature - Testimony. The testimony in the case of a contest provided for in Section 17-16-50 must be taken by deposition under commission issued by the clerk of the court where the statement of contest is filed, which commission must issue upon the party applying for the same making and filing an affidavit stating the name of the witnesses, the place of residence of such witnesses, and that the testimony sought and expected is material. The depositions must be taken on interrogatories filed in the office of the clerk after making and filing the affidavit and of the interrogatories and affidavit and the names and residence of the commissioner or commissioners proposed to be appointed, 10 days' notice must be given the adverse party by service on him or her personally or by leaving at his or her usual place of residence or business a copy of the interrogatories and affidavit, to which must be appended notice of the name and...
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15-10-7
Section 15-10-7 Arrests by private persons. (a) A private person may arrest another for any public offense: (1) Committed in his presence; (2) Where a felony has been committed, though not in his presence, by the person arrested; or (3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it. (b) An arrest for felony may be made by a private person on any day and at any time. (c) A private person must, at the time of the arrest, inform the person to be arrested of the cause thereof, except when such person is in the actual commission of an offense, or arrested on pursuit. (d) If he is refused admittance, after notice of his intention, and the person to be arrested has committed a felony, he may break open an outer or inner door or window of a dwelling house. (e) It is the duty of any private person, having arrested another for the commission of any public offense, to take him without unnecessary delay before a judge or magistrate,...
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15-21-32
Section 15-21-32 Proceedings against defaulting witnesses. If any witness duly subpoenaed under the provisions of this chapter fails to attend as required, the judge before whom the writ of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver it to the clerk of the circuit court of the county in which the examination is had; and the same proceedings must be had thereon as against defaulting witnesses in that court, the endorsement being presumptive evidence of such default. (Code 1852, §743; Code 1867, §4294; Code 1876, §4970; Code 1886, §4793; Code 1896, §4846; Code 1907, §7041; Code 1923, §4340; Code 1940, T. 15, §36.)...
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12-16-212
Section 12-16-212 Examination of witnesses before grand jury in gaming and lottery cases. Witnesses before the grand jury, summoned to give evidence of any violation of the laws against gaming or lotteries, may be required to answer generally as to any such offense, within their knowledge, committed within the 12 months next preceding, without being first specially interrogated as to any particular offense; but no witness must be prosecuted for any offense as to which he testified before the grand jury, and any member of the grand jury may be a witness to prove that fact. (Code 1852, §86; Code 1867, §3628; Code 1876, §4216; Code 1886, §4065; Code 1896, §4805; Code 1907, §6994; Code 1923, §4244; Code 1940, T. 14, §272; Code 1975, §13-7-29.)...
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15-11-10
Section 15-11-10 When defendant committed to bail or jail; form of commitment. (a) If upon a preliminary examination it appears that an offense has been committed and that there is probable cause to believe that the defendant is guilty thereof, he must be discharged, if the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if the offense is not bailable, he must be committed to jail by an order in writing. (b) The form of commitment may be in substance as follows: "The State of Alabama, _____ County. To the jailer of _____ County: On the examination of A. B., charged with the offense of murder (or other offense, as the case may be, describing it by name, or so that it may be clearly inferred), it appearing that such offense has been committed and that there is sufficient cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him into your custody and to detain him until he is legally discharged. Dated this ____ day of...
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41-4-36
Section 41-4-36 Inspection and production of books, records, accounts, etc.; examination of witnesses. The Director of Finance and any authorized officer or employee of the Department of Finance shall, in the performance of his official duties, for the purpose of examination, have access to, and the right to copy from, any book, record, account, document, receipt or paper of any of the departments, boards, bureaus, commissions, agencies, offices or institutions of the state or of any of the counties, municipal corporations, political subdivisions or public bodies in the state or of the officers or employees thereof, in such manner as may be reasonable and at reasonable times. The Director of Finance or any officer or employee of the Department of Finance designated by the director, in the performance of his official duties, shall have the power to administer oaths, certify to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, compel the attendance of...
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