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12-22-150
Section 12-22-150 Duty of trial judge to enter appeal; automatic stay of execution; how appeal
governed. In all cases wherein a defendant is tried and convicted for the commission of a
felony against the peace and dignity of the State of Alabama and the death sentence is imposed,
it shall be the duty of the trial judge, immediately after the imposition of sentence, to
enter of record, with or without the direction or election of the defendant, that the defendant
appeals from said judgment of conviction. Upon the entry of an order of appeal from such judgment
of conviction, execution of sentence shall automatically be stayed pending said appeal. Said
appeal, except as otherwise provided in this division, shall in all respects be governed as
provided by law and rules of court. (Acts 1943, No. 249, p. 217, §2.)...
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43-2-647
Section 43-2-647 Refunding bonds - Bond stands as security; action on bond. (a) Such refunding
bond stands as security for the executor or administrator, should the assets in his hands,
after any payment of money or delivery of property under the order of the court, prove insufficient
to pay the debts, claims and charges against the estate, and the executor or administrator
pays the same; and also as security for the creditors of the estate; and any creditor may
bring a civil action thereon. (b) The extent of the recoveries on such bond is the amount
or value of the property received by the legatee or distributee and interest on such amount
or value from the date of its receipt; and the value of property received may be proved by
the entry of record, made according to the provisions of this division or other evidence;
and civil actions may be brought on such bond from time to time in the name of any person
aggrieved until the whole amount of the liability, as determined by this...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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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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15-18-66
Section 15-18-66 Definitions. As used in this article, the following words and terms shall
have the meanings respectively ascribed by this section: (1) CRIMINAL ACTIVITIES. Any offense
with respect to which the defendant is convicted or any other criminal conduct admitted by
the defendant. (2) PECUNIARY DAMAGES. All special damages which a person shall recover against
the defendant in a civil action arising out of the facts or events constituting the defendant's
criminal activities; the term shall include, but not be limited to the money or other equivalent
of property taken, broken, destroyed, or otherwise used or harmed and losses such as travel,
medical, dental or burial expenses and wages including but not limited to wages lost as a
result of court appearances. (3) RESTITUTION. Full, partial or nominal payment of pecuniary
damages to the victim or to its equivalent in services performed or work or labor done for
the benefit of the victim as determined by the court of record. (4)...
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12-20-50
Section 12-20-50 Establishment or restoration of lost, etc., records of state, county, or municipality.
The circuit courts of this state shall have jurisdiction of an action by the state, a county
or municipality or any citizen who will give security for the costs of the proceeding to establish
or restore any lost, mislaid, destroyed or mutilated records of the state, county or municipality,
or of any department, agency or instrumentality thereof. Such courts shall have jurisdiction
and power to prescribe all necessary rules, regulations and proceedings proper or necessary
to establish or restore lost, mislaid, destroyed or mutilated records and, when so established
or restored, to declare them to be the proper and legal records as the original which was
so lost, mislaid, destroyed or mutilated. The proceedings shall be ex parte, and any citizen
of the state who will give security for the costs of the appeal may appeal from the order,
judgment or decision of the circuit court...
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45-19-80.10
Section 45-19-80.10 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR
SESSION, EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) In Coosa County,
a booking fee in the amount of thirty dollars ($30) shall be assessed against and collected
from each person booked or incarcerated into the Coosa County Jail and subsequently convicted.
The fee assessed pursuant to this section shall be in addition to any fines, court costs,
or other charges imposed. (b) The booking fee imposed by this section shall be assessed against
a defendant upon conviction by a court of law where the defendant is convicted. The clerk
of the court shall enter the amount of the fee as provided in this section on the docket sheet
and shall collect the fee in the same manner and the same time as court costs. Notwithstanding
the foregoing, the fee shall not be deemed a court cost based on collection by the clerk.
(c) If the defendant has his or her sentence commuted to time served,...
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6-6-332
Section 6-6-332 Process - Form of notice; service and return thereof. (a) Upon complaint being
made, the district judge shall issue a notice to the party against whom the complaint is made
to the following effect: The State of Alabama, ___ County. To ___ You are hereby commanded
to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by _____, for a forcible entry and
detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of
______, 2__. ___ District Court Judge (b) The notice shall be served on the defendant at least
six days before the return day of the process and may be served on the defendant anywhere
within the state. The return of the service thereof by any sheriff or constable of the state
is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall
be personally served upon the...
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6-6-544
Section 6-6-544 Filing of judgment. The register or clerk shall, within 30 days from the entry
of a judgment under this division, file the same or a certified transcript thereof for record
in the probate court of the county in which the land lies and tax the expense thereof in the
costs of the case. The probate judge shall record the judgment in the same book and manner
in which deeds are recorded and index the names of defendants or parties against whom the
relief is granted in the direct index and the names of the plaintiffs or parties quieted in
possession of the land in the reverse index. (Code 1907, §5447; Code 1923, §9909; Code 1940,
T. 7, §1113.)...
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6-6-597
Section 6-6-597 Addition of person rightly entitled to office; entry of judgment on such right;
delivery of books, papers, and property. (a) When the action is commenced against a person
for usurping an office, the name of the person rightly entitled to the office, with a statement
of his right thereto, may be added, and, when added, judgment may be entered upon the right
of the defendant and also upon the right of the party so alleged to be entitled or only upon
the right of the defendant, as justice may require. (b) If judgment is entered upon the right
of the person so alleged to be entitled and the same is in favor of such person, he is entitled,
after taking the oath of office and executing such official bond as may be required, to take
upon himself the execution of the office, and it is his duty, immediately thereafter, to demand
of the defendant all the books, papers, and property in his custody, or within his power,
belonging to the office. On refusal or neglect to deliver over...
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