12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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12-22-197
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and
transmission thereof to state Comptroller. If it appears to the trial court, after full investigation,
that the defendant or petitioner is without sufficient funds, and has no reasonable way to
procure same, to pay the court reporter all of his lawful fee for transcribing the evidence
and other proceedings had at the trial or the fees of the clerk incident to an appeal or that
the defendant or petitioner has reasonably available to him only enough funds to pay a part
of such fees, he shall make and enter an order requiring the court reporter to transcribe
all or such parts of evidence of the proceedings occurring at the trial that may be necessary
to afford the appellate court a record of sufficient completeness for review and shall order
the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter
an order authorizing the payment of a sum certain to the court...
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13A-5-42
Section 13A-5-42 Guilty plea; burden of proof upon state; waiver; sentencing. A defendant who
is indicted for a capital offense may plead guilty to it, but the state, only in cases where
the death penalty is to be imposed, must prove the defendant's guilt of the capital offense
beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether
the state has met that burden of proof. The guilty plea shall have the effect of waiving all
non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency
of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall
be sentenced according to the provisions of Section 13A-5-43(d). (Acts 1981, No. 81-178, p.
203, §4; Act 2013-354, p. 1267, §1.)...
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14-3-32
Section 14-3-32 Federal prisoners. The Board of Corrections must receive into the penitentiary
all convicts sentenced to imprisonment therein by any court of the United States held in this
state, and must safely keep and employ them according to the rules and regulations of the
institution until the expiration of the term for which they are sentenced or until they are
otherwise discharged by law; and it must account to the Department of Finance for all moneys
received for the support of such prisoners. (Code 1852, §327; Code 1867, §3875; Code 1876,
§4573; Code 1886, §4623; Code 1896, §4470; Code 1907, §6522; Code 1923, §3618; Code 1940,
T. 45, §35.)...
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15-24-2
Section 15-24-2 Definitions. For the purpose of this chapter, the following terms shall have
the respective meanings ascribed by this section: (1) COURT. The court having jurisdiction
over the offense charged. (2) DEFENDANT. Any person accused of a criminal offense against
state laws. (3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general
intellectual functioning resulting in or associated with concurrent impairments in adaptive
behavior and manifested during the developmental period, as measured by appropriate standardized
testing instruments. (Acts 1985, No. 85-652, p. 1020, §2.)...
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15-24-3
Section 15-24-3 Filing of affidavit that defendant is intellectually disabled. Following the
arrest and detention of any person for an offense against the laws of this state, either the
defendant or the state may, by verified affidavit filed with the court having jurisdiction,
establish that the defendant is a person who has been identified as intellectually disabled
and has received or is presently receiving services through the Department of Mental Health,
a program certified by the Department of Mental Health, or the Department of Education. (Acts
1985, No. 85-652, p. 1020, §3.)...
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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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12-22-196
Section 12-22-196 Entry of findings on minutes of court. If the trial judge is satisfied that
the defendant or petitioner is without sufficient funds, and has no reasonable way to procure
the same, necessary for the payment of court reporters' fees or the clerks' fees, he shall
cause said finding to be entered on the minutes of the court. If the trial judge finds to
the contrary, he shall also cause said findings to be entered on the minutes of the court,
stating his reasons therefor. If the trial judge finds that the defendant or petitioner is
unable to pay all of the court reporter's fees or all of the clerk's fees but is able to pay
a part, he shall cause to be entered upon the minutes of the court such finding and shall
state his reasons therefor and state the amount in money that the defendant or petitioner
can reasonably pay. (Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129,
§6.)...
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12-22-246
Section 12-22-246 Proceedings when undertaking forfeited. When any undertaking of bail under
the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant
to surrender himself to the sheriff or to appear and answer the charge, according to the terms
and effect of such undertaking, the same proceeding must be had thereon as on the forfeiture
of other undertakings of bail in the circuit court. (Code 1852, §756; Code 1867, §4307;
Code 1876, §4983; Code 1886, §4514; Code 1896, §4323; Code 1906, §6254; Code 1923, §3247;
Code 1940, T. 15, §378.)...
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14-6-9
Section 14-6-9 Removal of prisoners - Ill health. When the life or health of any prisoner,
who is not confined under process from any court of the United States, may be seriously endangered
by longer confinement in jail and that fact is made to appear clearly to any circuit court
judge, such judge must, by an order in writing, direct the sheriff or jailer to remove him
to some suitable place or hospital, as near as may be to the jail, and there safely keep him
until his health is sufficiently restored to authorize his recommitment to jail. (Code 1852,
§249; Code 1867, §3797; Code 1876, §4497; Code 1886, §4545; Code 1896, §4956; Code 1907,
§7201; Code 1923, §4811; Code 1940, T. 45, §129.)...
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