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.)...
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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.)...
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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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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a non-capital
felony offense commenced by complaint, the defendant may give written notice three days after
his or her arrest to a judge of the district or circuit court of the county having jurisdiction
of the offense charged that the defendant desires to plead guilty as charged or as a youthful
offender upon the granting of youthful offender status. (b) Upon receipt of the written notice
from the defendant stating his or her desire to plead guilty, the court shall direct the district
attorney to prefer and file an information against the defendant. The information shall be
made under oath of the district attorney or a witness, and shall accuse the defendant with
the same specificity as required in an indictment of the offense or offenses for which the
defendant is charged. This section shall not be construed to preclude the district attorney
from amending or dismissing a pending charge against a...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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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...
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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence unnecessary.
(a) Any person charged with an indictable offense may have his trial removed to another county,
on making application to the court, setting forth specifically the reasons why he cannot have
a fair and impartial trial in the county in which the indictment is found. The application
must be sworn to by him and must be made as early as practicable before the trial, or it may
be made after conviction upon a new trial being granted. (b) The refusal of such application
may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court
of Criminal Appeals shall reverse and remand or enter such judgment on the application as
it may deem right without any presumption in favor of the judgment or ruling of the lower
court on such application. (c) If the defendant is in confinement, the application may be
heard and determined without the personal presence of the defendant in...
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15-15-23
Section 15-15-23 Hearing of testimony; receiving of plea; entry of judgment; sentencing of
defendant. (a) Upon the date fixed for the formal plea of guilty by a defendant, the court
shall proceed to hear the testimony of any witnesses who may be summoned or offered either
by the state or by the defendant or whom the court may direct to be summoned, and it must
hear also the testimony of the defendant. (b) If after hearing the testimony the court believes
beyond a reasonable doubt that the defendant is guilty, in manner and form, of the offense
charged against him in the information provided for in Section 15-15-21, the court shall thereupon
receive and enter the plea of guilty of such defendant, shall enter judgment of conviction
thereon and shall sentence the defendant to such term in the penitentiary as is prescribed
by law, any other provisions of the law to the contrary notwithstanding. (Acts 1939, No. 227,
p. 367; Code 1940, T. 15, §264.)...
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15-9-61
Section 15-9-61 Application by district attorney to Governor for requisition; filing and forwarding
of papers and requisition. (a) When the return to this state of a person charged with crime
in this state is required, the district attorney of the county in which the offense is committed
shall present to the Governor his written application for a requisition for the return of
the person charged, in which application shall be stated the name of the person charged, the
crime charged against him, the approximate time, place and circumstances of its committal,
the state in which he is believed to be, including the location of the accused therein at
the time the application is made, and certification that, in the opinion of the said district
attorney, the ends of justice require the arrest and return of the accused to this state for
trial and that the proceeding is not instituted to enforce a private claim. (b) The application
shall be verified by affidavit, shall be executed in duplicate...
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