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12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, 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 on the conviction, but the execution thereof must be stayed pending the appeal.
In such case, the defendant may give bail, with sufficient sureties, conditioned that he will
appear and abide the judgment; failing to give such bail, he must be committed to jail, but
may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code
1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243;
Code 1940, T. 15, §374.)...
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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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15-9-44
Section 15-9-44 Arrest without warrant - Failure to arrest accused on Governor's warrant within
time specified. If the accused is not arrested under warrant of the Governor by the expiration
of the time specified in the warrant, bond or undertaking, the district or circuit court judge
may discharge him, may recommit him to a further day or may again take bail for his appearance
and surrender, as provided in Section 15-9-43. At the expiration of the second period of commitment,
or if he has been bailed and appeared according to the terms of his bond or undertaking, the
judge may either discharge him or may require him to enter into a new bond or undertaking
to appear and surrender himself at another day. (Acts 1931, No. 482, p. 559; Code 1940, T.
15, §64.)...
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6-6-45
Section 6-6-45 Execution of bond by plaintiff; discharge of levy. Such officer must, when the
attachment is sued out otherwise than upon the ground that the defendant is a nonresident,
further require the plaintiff, his agent, or attorney to execute a bond in double the amount
claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff
will prosecute the attachment to effect and pay the defendant all such damages as he may sustain
by the wrongful or vexatious suing out of such attachment. When the attachment is sued out
upon the ground that the defendant is a nonresident, such officer shall issue the writ with
or without a bond being given, as the plaintiff may elect. If such attachment is issued without
bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof,
in person or through his agent or attorney, make an unqualified appearance in the case, it
is the duty of the clerk to issue notice to the plaintiff or...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-13-6
Section 15-13-6 Fixing of bail for felony; discharge of defendant by sheriff upon posting of
bail. (a) When an indictment is filed in court charging the defendant with a bailable felony
and the defendant fails to give bail in open court, the judge of the court must forthwith
endorse on such indictment the amount of bail to be required of the defendant. When an application
for bail is made to any judge, such judge may fix the amount of bail, and the sheriff has
authority, and it is his duty, to discharge such defendant on his giving bail as required.
(b) This section shall not have the effect of preventing application for bail or for reduction
of bail in any other manner provided by law. (Code 1852, §§608, 690; Code 1867, §§4831,
4849; Code 1876, §§4831, 4849; Code 1886, §§4409, 4411; Code 1896, §4351; Code 1907,
§6331; Code 1923, §3364; Code 1940, T. 15, §189; Acts 1949, No. 199, p. 230.)...
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15-13-63
Section 15-13-63 Arrest of defendant by bail after conditional judgment. After the entry of
conditional judgment against any surety on an undertaking of bail, he may arrest the defendant
as provided in Section 15-13-62, but such arrest and delivery of the defendant to the sheriff
shall not exonerate the surety unless, in the judgment of the court, a good and sufficient
excuse is given for the failure of the defendant to appear at the time the conditional judgment
was entered. (Code 1896, §4372; Code 1907, §6352; Code 1923, §3385; Code 1940, T. 15, §210;
Acts 1949, No. 199, p. 230.)...
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15-6-20
Section 15-6-20 Examination of complainant and witnesses; form of affidavit. (a) Whenever complaint
is made to a judge of a circuit, district or municipal court that any person has threatened
or is about to commit an offense on the person or property of another, such judge must examine
the complainant and any witness he may produce on oath, reduce such examination to writing
and cause it to be subscribed by the party so examined. (b) The affidavit may be after the
following form: "State of Alabama, ___ County. Before me, ___,a (circuit, district or
municipal) judge (setting out his name and office) in and for said county and state, personally
appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault
and beat him (or is about) to ___ (here set forth the particular offense threatened or about
to be committed) on the person or property of affiant (or E. F., a third person, as the case
may be.) (Signed) A. B. Sworn to and subscribed...
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12-17-186
Section 12-17-186 Appointment of attorney to act for district attorney when office vacant,
district attorney disqualified, etc. (a) The presiding judge of the circuit court, the district
court or the municipal court, when the district attorney or assistant district attorney regularly
required by law to prosecute criminal cases in such court is absent, or connected with the
party against whom it is his duty to appear by consanguinity or affinity within the fourth
degree, or when there is a vacancy in the office from any cause, or when the district attorney
refuses to act, may appoint a competent attorney to act in such district attorney's place,
but such appointment shall in no event extend beyond the session of the court at which the
appointment is made. (b) The attorney so appointed shall receive for his services the sum
of $25.00 per day for the time he is actually engaged in court, to be paid on the warrant
of the Comptroller if the district attorney for whom he is appointed to act...
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15-13-1
Section 15-13-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ADMISSION TO BAIL. The order
of a competent court or magistrate, when authorized by law to grant bail, that a defendant
be discharged from actual custody on bail. (2) TAKING OF BAIL. The acceptance by a competent
court or magistrate, when authorized by law to grant bail, of sufficient bail for the appearance
of the defendant according to the legal effect of his undertaking or for the payment to the
state of a certain specified sum if he does not appear. (Code 1852, §§681, 682; Code 1867,
§§4232, 4233; Code 1876, §§4840, 4841; Code 1886, §§4406, 4407; Code 1896, §§4348,
4349; Code 1907, §§6328, 6329; Code 1923, §§3360, 3361; Code 1940, T. 15, §§185, 186;
Acts 1949, No. 199, p. 230.)...
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