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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-110.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-91.htm - 1K - Match Info - Similar pages

15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-81.htm - 3K - Match Info - Similar pages

15-22-36
Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures, etc.;
notice of board action. (a) In all cases, except treason and impeachment and cases in which
sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons
and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines
and forfeitures. (b) Each member of the Board of Pardons and Paroles favoring a pardon, parole,
remission of a fine or forfeiture, or restoration of civil and political rights shall enter
in the file his or her reasons in detail, which entry and the order shall be public records,
but all other portions of the file shall be privileged. (c) No pardon shall relieve one from
civil and political disabilities unless specifically expressed in the pardon. No pardon shall
be granted unless the prisoner has successfully completed at least three years of permanent
parole or until the expiration of his or her sentence if his or her...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-22-36.htm - 10K - Match Info - Similar pages

15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-150.htm - 33K - Match Info - Similar pages

15-3-6
Section 15-3-6 When time elapsing between preferring of first charge and subsequent indictment
deducted from time limitation. When an indictment is lost, mislaid or destroyed, when a judgment
is arrested or an indictment quashed for any defect therein, for the reason that it was not
found by a grand jury regularly organized, because it charged no offense or for any other
cause or when the prosecution is dismissed because of a variance between the allegations of
the indictment and the evidence and a new indictment is ordered to be preferred, the time
elapsing between the preferring of the first charge or indictment and the subsequent indictment
must be deducted from the time limited for the prosecution of the offense last charged. (Code
1852, §597; Code 1867, §4147; Code 1876, §4820; Code 1886, §3715; Code 1896, §5075; Code
1907, §7351; Code 1923, §4935; Code 1940, T. 15, §226.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-3-6.htm - 1K - Match Info - Similar pages

15-8-131
Section 15-8-131 Preferring of new indictment where judgment arrested or original indictment
quashed; entry of record. When a judgment is arrested or an indictment quashed on account
of any defects therein, because it was not found by a grand jury regularly organized, because
it charged no offense or for any other cause, the court may order another indictment to be
preferred for the offense charged or intended to be charged, and in such case, an entry of
record must be made setting forth the facts. (Code 1852, §596; Code 1867, §4146; Code 1876,
§4819; Code 1886, §4394; Code 1896, §4922; Code 1907, §7160; Code 1923, §4555; Code 1940,
T. 15, §258.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-131.htm - 997 bytes - Match Info - Similar pages

15-15-21
Section 15-15-21 Information preferred and filed against defendant. When the desire of a defendant
to plead guilty is made known to the court, it shall direct the district attorney of such
court to prefer and file an information against such defendant, under the oath of such district
attorney or some witness, which information shall accuse the defendant, with the same certainty
as an indictment, of the criminal offense for which he is being held. (Acts 1939, No. 227,
p. 367; Code 1940, T. 15, §261.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-21.htm - 812 bytes - Match Info - Similar pages

12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-20-29.htm - 2K - Match Info - Similar pages

15-8-111
Section 15-8-111 Utilization of record copy. When it is shown to the court that an original
indictment, recorded as required by law, has been lost, destroyed or so mutilated as to be
illegible, the court shall direct the clerk to make and certify a copy thereof from such record,
upon which the defendant may be arraigned and tried as upon the original indictment. (Code
1886, §4392; Code 1896, §4920; Code 1907, §7158; Code 1923, §4553; Code 1940, T. 15, §256.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-8-111.htm - 790 bytes - Match Info - Similar pages