15-11-14
Section 15-11-14 Failure or refusal of witness to enter undertaking; discharge of witness upon entering into undertaking. (a) Any witness required under this chapter to enter into an undertaking, with or without surety, may be committed to jail on failure or refusal to do so. (b) In cases arising under subsection (a) of this section, the court must state in the commitment the amount of the undertaking and whether surety is required; and the witness must be discharged by the sheriff on entering into the undertaking as required. (Code 1852, §§471, 472; Code 1867, §§4020, 4021; Code 1876, §§4690, 4691; Code 1886, §§4296, 4297; Code 1896, §§5245, 5246; Code 1907, §§7613, 7614; Code 1923, §§5246, 5247; Code 1940, T. 15, §§149, 150.)...
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15-11-4
Section 15-11-4 Default of defendant admitted to bail certified to circuit court; district court's certificate as presumptive evidence of default. If the defendant does not appear before the district court at the time to which an examination is adjourned, the default on the undertaking of bail shall be certified by the district court to the circuit court, and the like proceedings must be had thereon as upon the breach of an undertaking in that court, the certificate being presumptive evidence of the default of the defendant. (Code 1852, §455; Code 1867, §4004; Code 1876, §4674; Code 1886, §4281; Code 1896, §5230; Code 1907, §7595; Code 1923, §5228; Code 1940, T. 15, §130.)...
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15-11-6
Section 15-11-6 Examination of complainant and witnesses. The court before whom any person is brought charged with a public offense must examine the complainant and the witnesses for the prosecution on oath, as soon as may be, in the presence of the defendant, and, after the testimony for the prosecution is heard, the witnesses for the defendant must be sworn and examined. (Code 1852, §458; Code 1867, §4007; Code 1876, §4677; Code 1886, §4284; Code 1896, §5233; Code 1907, §7598; Code 1923, §5231; Code 1940, T. 15, §133.)...
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15-13-130
Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited. The basis of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment, writ of error, or in any other case, is to ensure the appearance of the defendant in court, and the undertaking is forfeited by the failure of the defendant to appear. If, by reason of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall, at the end of 30 days, unless the court has before that time discharged the forfeiture, pay over the money deposited to the officer, official, or employee authorized by law to receive fines levied by the court. The court shall then, without any notice to defendant, render judgment absolute for the entire sum deposited and the money shall then become public money of the State General Fund or in bail forfeiture cases pending in the municipal courts...
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15-6-41
Section 15-6-41 Return on appeal; contempt for failure. Any undertaking given under any provision of this chapter must be returned by the judge taking the same to the clerk of the court to which an appeal is taken, within 10 days after taking it; and, failing to do so, he may be attached for contempt. (Code 1852, §421; Code 1867, §3970; Code 1876, §4040; Code 1886, §4694; Code 1896, §5175; Code 1907, §7534; Code 1923, §5152; Code 1940, T. 15, §415.)...
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33-5-59
Section 33-5-59 Display of certification required. Every holder of a boater safety certification shall have the certification in personal possession at all times when operating a motorized vessel and shall display the certificate upon demand of a judge of any court, a peace officer, state marine police officer, or a state trooper. No person charged with violating this section shall be convicted, if the person produces in court or in the office of the arresting officer a boater safety certification issued prior to the arrest and valid at the time of arrest. (Acts 1994, No. 94-652, p. 1243, §12.)...
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request of the state, or the defendant or the defendant's attorney, the clerk of the court must issue subpoenas for witnesses whose address shall be given by the person requesting the subpoena, specifying therein the time and place for their appearance, the title of the case and at whose instance the witness is summoned, and commanding the witness to appear in conformity therewith and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles from the place of trial, computed by the route usually traveled, unless the person requesting the subpoena makes affidavit that the personal attendance of the witness is necessary to a proper decision of the case and that the deposition of the witness would be insufficient for that purpose, and the fact that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena issued under this section shall be...
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15-11-9
Section 15-11-9 When defendant to be discharged. If upon the whole evidence in a preliminary examination it appears to the court that no offense has been committed or that there is no probable cause for charging the defendant therewith, the defendant must be discharged. (Code 1852, §461; Code 1867, §4010; Code 1876, §4680; Code 1886, §4287; Code 1896, §5236; Code 1907, §7604; Code 1923, §5237; Code 1940, T. 15, §139.)...
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15-8-3
Section 15-8-3 Required contents. An indictment must contain, in the caption or body thereof, the name of the state, county, court and time when it is preferred and must conclude "against the peace and dignity of the State of Alabama." (Code 1852, §561; Code 1867, §4111; Code 1876, §4784; Code 1886, §4365; Code 1896, §4893; Code 1907, §7131; Code 1923, §4526; Code 1940, T. 15, §229.)...
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32-6-9
Section 32-6-9 Possession and display of license. (a) Every licensee shall have his or her license in his or her immediate possession at all times when driving a motor vehicle and shall display the same, upon demand of a judge of any court, a peace officer, or a state trooper. However, no person charged with violating this section shall be convicted if he or she produces in court or the office of the arresting officer a driver's license theretofore issued to him or her and valid at the time of his or her arrest. (b) For every person found in violation of this section or Section 32-6-1, a reasonable effort shall be made as soon as possible, but not later than within 48 hours, to determine the citizenship of the person and if an alien, whether the alien is lawfully present in the United States by verification with the federal government pursuant to 8 U.S.C. § 1373(c). An officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the...
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