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15-8-20
Section 15-8-20 Offenses charged or described as at common law. In an indictment for
an offense which was indictable at common law, the offense may be charged or described as
at common law, and the defendant, if convicted, must receive the punishment prescribed by
the statute. (Code 1852, §570; Code 1867, §4120; Code 1876, §4793; Code 1886, §4371; Code
1896, §4899; Code 1907, §7137; Code 1923, §4532; Code 1940, T. 15, §235.)...
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury
impaneled. (a) If a defendant upon arraignment or prior to trial pleads guilty, the court,
without the intervention of a jury, shall determine the degree of the offense and fix the
punishment therefor the same as a jury might fix or impose it if the case were being tried
by a jury, unless, in the discretion of the trial judge, a jury should be impaneled to determine
the degree of the offense or to fix the punishment therefor or unless the defendant at the
time of entering such plea demands a jury in writing. The court shall not in any event, however,
impose capital punishment without the intervention of a jury. (b) Whenever, in the discretion
of the trial judge, a jury should be impaneled or a jury is demanded, in the manner and at
the time prescribed in subsection (a) of this section, no special venire need be drawn,
but the court must cause the punishment to be determined by a jury, except where...
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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...
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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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15-15-23
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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15-13-21
Section 15-13-21 Form and requisites of bail not taken in open court. When not taken
in open court, the undertaking of bail must be in writing, signed by the defendant and at
least two sufficient sureties and approved by the court or officer taking the same, and may
be substantially in the following form: The State of ) We, A. B., C. D., and E. F. agree to
pay to the State of Alabama) Alabama ______ dollars (the sum prescribed by the court _____
County) or officer) unless the said A. B.appears at the next session of the ____ court of
____ County, and from session to session thereafter until discharged by law, to answer a criminal
prosecution for the offense of _____ (specifying the particular offense with which he is charged.)
(Signed) A.B. C.D. E.F. (Code 1852, §688; Code 1867, §4239; Code 1876, §4847; Code 1886,
§4420; Code 1896, §4362; Code 1907, §6342; Code 1923, §3375; Code 1940, T. 15, §200;
Acts 1949, No. 199, p. 230.)...
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32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence
of alcohol or controlled substances. (a) A person shall not operate or be in actual physical
control of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under
any condition in which a person would be guilty of driving under the influence of alcohol
or drugs pursuant to Section 32-5A-191 if the person was driving or controlling a motor
vehicle. (b) In the case of a vessel or other marine device described in subsection (a), where
a law enforcement officer has probable cause to believe that the operator of the vessel or
other marine device is operating in violation of this section, the law enforcement
officer is authorized to administer and may test the operator, at the scene, by using a field
breathalyzer or other approved device, as a screening device, to determine if the operator...
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12-16-100
Section 12-16-100 Drawing, selection, and empaneling of juries in criminal cases - Generally.
(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon
the trial by jury in the circuit courts of any person charged with a felony, including a capital
felony, a misdemeanor, or violation, the court shall require a strike list or lists to be
compiled from the names appearing on the master strike list as established in Section
12-16-74. In compiling the list or lists, names of qualified jurors may be omitted on a nonselective
basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof
given to all parties. The jurors whose names appear thereon shall be brought into open court,
the case shall be called and in the presence of the district attorney and the defendant and
his attorney, the jurors shall be examined on voir dire for the trial of the case at hand.
After the conclusion of the voir dire examination and the removal from...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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