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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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15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal
court judge, it appears that there is reason to fear the commission of any offense by the
person complained of, such judge must issue a warrant directed to any lawful officer of the
state, containing the substance of the complaint and commanding such officer forthwith to
arrest the person complained of and bring him before him or some other judge having jurisdiction
of the matter. (b) The warrant may be after the following form: "State of Alabama, ___
County. To any lawful officer of the state: Complaint on oath having been made before me that
C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly
the offense threatened or about to be committed) on the person or property of ______, you
are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other
judge having jurisdiction of the matter, setting forth his name and office)....
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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43-2-742
Section 43-2-742 Time and manner of filing claims - Claims verified in another state. When
a claim against such estate is verified by the oath of a person out of this state, but within
the United States, such oath may be made before a notary public, justice of the peace or any
judge or clerk of a court of record or a commissioner of such state. When made before a justice
of the peace, it must be certified that such officer was a justice of the peace and that his
attestation is genuine, by some judge of a court of record or a commissioner of said state;
but, when made before either of the other officers specified, no other proof of the taking
of such oath is necessary than the certificate of such officer. (Code 1852, §1849; Code 1867,
§2198; Code 1876, §2570; Code 1886, §2240; Code 1896, §308; Code 1907, §2776; Code 1923,
§6015; Code 1940, T. 61, §402.)...
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15-13-22
Section 15-13-22 Qualifications for bail; bond required for bondsmen; qualification when sufficiency
of bail doubtful. (a) Each person signing as surety an undertaking of bail must be: (1) A
resident of this state; and (2) Worth, exclusive of property exempt from execution, the amount
expressed in the undertaking; but the court or magistrate, in taking bail, may allow more
than two persons to justify severally as bail in amounts less than that expressed in the undertaking,
provided the whole is equivalent to two sufficient bails. (b) The court or magistrate in taking
bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to
do a bonding business in this state and authorized to execute the undertaking of bail, to
execute such bail. (c) Every person engaged in the business of making bail bonds and charging
therefor, except corporations qualified to do a bonding business in this state, shall be required,
in addition to all other requirements of this...
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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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15-7-4
Section 15-7-4 Warrant of arrest - Defined; contents; form. (a) A "warrant of arrest"
is an order in writing, issued and signed by a judge or magistrate, stating the substance
of the complaint and directed to a proper officer, commanding him to arrest the defendant.
(b) Such warrant must designate the name of the defendant, if known; but if it states that
the name is unknown to the judge or magistrate, then no name need be inserted. It must also
state the offense by name or so that it can be clearly inferred, the county in which it was
issued must appear from some part of the warrant, and the warrant must be signed by the judge
or magistrate, with his name and initials of office, or the same must in some way appear from
the warrant. It must be directed "to any lawful officer of the state," and, if executed
by any lawful officer having authority to execute it, it is valid without regard to its direction.
(c) A warrant of arrest may be in substance as follows: The State of Alabama,...
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30-4-56
Section 30-4-56 Offense deemed committed in county where wife or children present; extradition
of defendant from another state or county. Any offense under this article shall be held to
have been committed in any county in which such wife, child or children may be at the time
such complaint is made. Whenever the judge within whose jurisdiction an offense under this
article is alleged to have been committed shall, after an investigation of the facts and circumstances
thereof, certify that, in his opinion, the charge is well founded and the case a proper one
for extradition, or in any case, if the cost of extradition is borne by the parties interested
in the case, the person charged with having left the state with the intention of evading the
terms of his probation, or of abandoning or deserting his wife, child or children shall be
apprehended and brought back to the county having jurisdiction of the case, in accordance
with the law providing for the apprehension and return to this state...
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9-12-5
Section 9-12-5 Proceedings as to violations of chapter - Hearing; imposition of fine and condemnation
and sale of boat, etc., upon conviction; discharge of accused and release of boat, etc. If
upon the hearing the offense is established, the judge of the district court must fine each
of the offenders as is provided for in the section of this chapter which is violated or as
otherwise provided by law and, if the fine is not paid, must commit him or them to jail and
must also condemn the boat, vessel or craft, together with her tackle, apparel, furniture
and appurtenances, forfeited to the state, and direct that it be sold and adjudge the cost
of the proceeding before him to be paid by the accused. If he is not satisfied from the proof
that the accusation is established, he must discharge the accused and release the boat, vessel
or craft and other property seized. (Code 1852, §1124; Code 1867, §1304; Code 1876, §1612;
Code 1886, §4723; Code 1896, §5578; Code 1907, §7499; Code 1923,...
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15-23-17
Section 15-23-17 Assessment of additional costs and penalties; collection and disposition of
additional assessments, etc. (a) In all criminal and quasi-criminal proceedings for the violation
of laws of the state or municipal ordinances which are tried in any court or tribunal in this
state, wherein the defendant is adjudged guilty or pleads guilty, or is adjudicated a juvenile
delinquent or youthful offender, or wherein a bond is forfeited and the result of the forfeiture
is a final disposition of the case or wherein any penalty is imposed, there is imposed an
additional cost of court in the amount of two dollars ($2) for each traffic infraction, ten
dollars ($10) in each proceeding where the offense constitutes a misdemeanor and/or a violation
of a municipal ordinance other than traffic infractions, and fifteen dollars ($15) in each
proceeding where the offense constitutes a felony , but there shall be no additional costs
imposed for violations relating to parking of vehicles. The...
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