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15-8-25
Section 15-8-25 How facts constituting offense to be stated. An indictment must state the facts
constituting the offense in ordinary and concise language, without prolixity or repetition,
in such a manner as to enable a person of common understanding to know what is intended and
with that degree of certainty which will enable the court, on conviction, to pronounce the
proper judgment. In no case are the words "force of arms" or "contrary to the
form of the statute" necessary. (Code 1852, §562; Code 1867, §4112; Code 1876, §4785;
Code 1886, §4368; Code 1896, §4896; Code 1907, §7134; Code 1923, §4529; Code 1940, T.
15, §232.)...
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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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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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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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27-29-3
Section 27-29-3 Acquisition of control of, or merger with, domestic insurers. (a)(1) No person
other than the issuer shall make a tender offer for or a request or invitation for tenders
of, or enter into any agreement to exchange securities for, seek to acquire, or acquire in
the open market any voting security of a domestic insurer if, after the consummation thereof,
such person would, directly or indirectly, or by conversion or by exercise of any right to
acquire, be in control of such insurer, and no person shall enter into an agreement to merge
with or otherwise to acquire control of a domestic insurer, or any person controlling a domestic
insurer unless, at the time any such offer, request, or invitation is made or any such agreement
is entered into, or prior to the acquisition of such securities if no offer or agreement is
involved such person has filed with the commissioner and has sent to such insurer a statement
containing the information required by this section and such...
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36-11-7
Section 36-11-7 Contents and execution of information generally. Such information shall be
addressed to the court before which the trial is to be had and shall specify, with reasonable
certainty, the offense, offenses or other grounds of impeachment charged against the officer
within the provisions of Section 173 of Article 7 of the constitution and shall contain a
succinct statement of the facts constituting the matters complained of and an appropriate
prayer for process and relief and shall be signed by the Attorney General, district attorney
or by counsel, as the case may be. When such information is by taxpayers, the names of such
taxpayers must be joined as plaintiffs with the state. (Code 1876, §4050; Code 1886, §4822;
Code 1896, §4868; Code 1907, §7103; Code 1923, §4501; Code 1940, T. 41, §182.)...
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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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40-17A-9
Section 40-17A-9 Penalty; enforcement. (a) Any dealer violating this chapter is subject to
a penalty of 100 percent of the tax in addition to the tax imposed by Section 40-17A-8. In
addition to the tax and penalty imposed, a dealer failing to affix the appropriate stamps,
labels, or other indicia is guilty of a Class C felony, and, upon conviction, may be punished
as provided in the Alabama Criminal Code. Such penalty shall be cumulative to any other penalty
or crime. (b) Notwithstanding any other provision of the criminal laws of this state, an indictment
may be found and filed upon any criminal offense specified in this section, in the proper
court within six years after the commission of this offense. (Acts 1988, 1st Ex. Sess., No.
88-785, p. 218, §9.)...
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8-19A-6
Section 8-19A-6 Identification of certain affiliated sellers or salespersons. (a) With respect
to any person identified pursuant to Section 8-19A-5, an applicant for a license as a commercial
telephone seller shall state in his or her application the identity of any affiliated commercial
seller or salesperson who: (1) Has been convicted of, or is under indictment or information
for, racketeering or any offense involving fraud, theft, embezzlement, fraudulent conversion,
or misappropriation of property. Conviction includes a finding of guilt where adjudication
has been withheld. (2) Is involved in pending litigation or has had entered against him or
her an injunction, a temporary restraining order, or a final judgment or order, including
a stipulated judgment or order, an assurance of voluntary compliance, or any similar document,
in any civil or administrative action involving racketeering, fraud, theft, embezzlement,
fraudulent conversion, or misappropriation of property or the use of...
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8-6-18
Section 8-6-18 Criminal penalties for violations of article; enforcement; scienter. (a) A person
who willfully violates Section 8-6-3 or Section 8-6-4, upon conviction, shall be guilty of
a Class C felony. A person that willfully violates subsection (a), (b), or (c) of Section
8-6-17, upon conviction, shall be guilty of a Class B felony. The limitations period for any
prosecution under this section does not commence or begin to accrue until the discovery of
the facts constituting the deception, after which the prosecution shall be commenced within
five years. (b) A person who willfully violates any provision of this chapter, other than
those noted in subsection (a), or a rule adopted or order issued under this chapter, upon
conviction, shall be guilty of a Class A misdemeanor. (c) The enforcement of the provisions
of this article shall be vested in the commission. It shall be the duty of the commission
to see that its provisions are at all times obeyed and to take such measures and to...
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