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15-8-31
Section 15-8-31 Allegation of venue unnecessary; proof of same at trial. It is not necessary
to allege where the offense was committed in an indictment; but it must be proved, on the
trial, to have been committed within the jurisdiction of the county in which the indictment
is preferred. (Code 1852, §564; Code 1867, §4114; Code 1876, §4787; Code 1886, §4374;
Code 1896, §4902; Code 1907, §7140; Code 1923, §4535; Code 1940, T. 15, §238.)...
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15-8-150
and intentionally to cut out or disable his tongue, or to put out or destroy his eye, etc.
(14) ASSAULT WITH INTENT TO MURDER. A. B., unlawfully and with malice aforethought, did assault
C. D., with the intent to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault
C. D., a woman, with the intent forcibly to ravish her. (16) ASSAULT WITH INTENT TO ROB. A.
B. assaulted C. D. with the felonious intent, by violence to his person or by putting him
in fear of some serious and immediate injury to his person, to rob him. (17) BETTING
AT CARDS, DICE, ETC. A. B. bet at a game played with cards or dice, or some device or substitute
for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house
or place where spirituous liquors were at the time sold, retailed or given away, or in a public
house, highway or some other public place or at an outhouse where people resorted (or other
place forbidden by law), against, etc. (18) BETTING AT GAMING TABLE, ETC. A....
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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6-5-4
just and legal cause, the court having jurisdiction shall direct the issue of writs of attachment,
garnishment, seizure, ne exeat, or of any other proper writ or process which may be deemed
necessary for the security of the state or to make effective the judgment in such action if
it should be entered in favor of the state; and bond and security shall not be required of
the state upon or for the issue of any such writ or process. (e) Such writs may be levied
on any and all property, real or personal, rights, or credits in which the party against
whom the same may issue has any estate or any interest, legal or equitable, subject to the
payment of the debt or demand preferred in such action and upon any and all property, real
or personal, rights or credits which may have been conveyed, assigned, or transferred
in fraud of creditors. The levy of such writ creates a lien from the day it is made. All property
levied on may be replevied in the mode provided by law for the replevy of property...
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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the indictment,
information, complaint or warrant charging the offense may include a specification of sexual
motivation or the prosecuting attorney may file an allegation of sexual motivation in any
criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence
exists that would justify a finding of sexual motivation by a reasonable and objective finder
of fact. (2) If a specification is included in the indictment, count in the indictment, information,
complaint, or warrant charging the offense the specification shall be stated at the end of
the body of the indictment, count in the indictment, information, complaint, or warrant and
shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE
FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the
offender committed the offense with a sexual motivation." (3) If the...
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15-8-27
Section 15-8-27 Allegation of unknown means. When the means by which the offense was committed
are unknown to the grand jury and do not enter into the essence of the offense, the indictment
may allege that they are unknown to the jury. (Code 1852, §567; Code 1867, §4117; Code 1876,
§4790; Code 1886, §4378; Code 1896, §4906; Code 1907, §7144; Code 1923, §4539; Code 1940,
T. 15, §242.)...
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15-8-50
Section 15-8-50 Allegation of different means or intents. When an offense may be committed
by different means or with different intents, such means or intents may be alleged in an indictment
in the same count in the alternative. (Code 1852, §573; Code 1867, §4123; Code 1876, §4796;
Code 1886, §4383; Code 1896, §4911; Code 1907, §7149; Code 1923, §4544; Code 1940, T.
15, §247.)...
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12-21-201
Section 12-21-201 When proof of incorporation necessary. In the trial of criminal cases it
shall not be necessary for the state to prove the incorporation of any corporation mentioned
in the indictment, complaint or information unless the defendant, within 30 days after indictment
if the defendant is under bond or within 30 days after arrest on capias, denies the existence
of such corporation by a sworn plea. (Code 1907, §6876; Code 1923, §4022; Code 1940, T.
15, §315.)...
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15-2-26
Section 15-2-26 Trial on certified copy of indictment; correction of transcript mistakes and
certification of omitted portion of record. The defendant must be tried in the court to which
the case is removed on the copy of the indictment certified pursuant to Section 15-2-25; and
such court may, if necessary and on a proper showing, order the clerk of the court in which
the indictment was found to correct any mistake in the transcript or to certify any portion
of the record which he may have omitted. (Code 1852, §659; Code 1867, §4211; Code 1876,
§4916; Code 1886, §4490; Code 1896, §5314; Code 1907, §7857; Code 1923, §5586; Code 1940,
T. 15, §274.)...
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