Code of Alabama

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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons;
proceedings where person found insane. If any person other than a minor in confinement, under
indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness,
in consequence of any summary conviction appears to be insane, the judge of the circuit court
of the county where he is confined must institute a careful investigation, call a respectable
physician and call other credible witnesses; and, if he deems it necessary, he may call a
jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it
is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment
and order his safe custody and removal to the Alabama state hospitals, where he must remain
until restored to his right mind, and then, if the judge shall have so directed, the superintendent
must inform the judge and sheriff, whereupon the...
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37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry of judgment;
appeals. At the time and place designated in said order, the judge of said circuit court shall
proceed to hear and determine all questions of law and of fact in said civil action, and he
shall make such order, or orders, as to the proceedings in said civil action as will best
preserve and protect the interests of all parties and to enable him to enter a final judgment
with the least possible delay. The final judgment shall find the facts specially and shall
state separately the judge's conclusions with regard to any and all legal issues raised with
regard to any of the provisions of this article and proposed purchase and sale of distribution
facilities and other transactions and restrictions under this article, together with other
matters raised in the complaint, and shall state the judge's conclusions of law thereon. Any
citizen of the state may appear in such proceedings, either...
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45-20-80
Section 45-20-80 Jury strike system. Upon the trial by jury in the Circuit Courts of the Twenty-second
Judicial Circuit of any person indicted for a misdemeanor, or a felony or upon appeals to
the circuit courts from lower courts, the court shall require two lists of all the regular
jurors impaneled for the week who are competent to try the defendant to be made, and the district
attorney shall be required to strike from the list the name of one juror, and the defendant
shall strike one, and they shall continue to strike off names alternately until only 12 jurors
remain on the list, and these 12 jurors thus selected shall be the jury charged with the trial
of the case. (Act 80-194, p. 270, §1.)...
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12-22-132
Section 12-22-132 Reserving questions of law; presumption that written charges asked before
jury retired. Any question of law arising in any of the proceedings in a criminal case tried
in the circuit court may be reserved by the defendant, but not by the state, except as provided
in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals.
All written charges in the record on appeal shall be presumed to have been asked of the court
before the jury retired unless shown to the contrary by notation of the trial judge of the
refused charges. (Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508;
Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)...
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38-9F-4
Section 38-9F-4 Issuance of elder abuse protection orders. (a) The following courts shall have
jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1. (3)
A district court judge designated by a written standing order from the presiding circuit court
judge. (b) An elder abuse protection order may be requested in any pending civil or domestic
relations action, as an independent civil action, or in connection with the preliminary, final,
or post-judgment relief in a civil action. (c) A petition for an elder abuse protection order
may be filed in any of the following locations: (1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence
to avoid further abuse. (3) Where the abuse occurred. (d) There is no minimum period of residence
for the plaintiff in the State of Alabama or in the county in...
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45-16-80.20
Section 45-16-80.20 Jury strike system. Upon the trial by jury in the Circuit Courts of the
Twelfth Judicial Circuit of any person indicted for a misdemeanor, or a felony not punished
capitally, or upon appeals to the circuit courts from lower courts, the court shall require
two lists of all the regular jurors empaneled for the week who are competent to try the defendant
to be made, and the district attorney shall be required first to strike from the list the
name of one juror, and the defendant shall strike one, and they shall continue to strike off
names alternately until only 12 jurors remain on the list, and these 12 jurors thus selected
shall be the jury charged with the trial of the case. (Act 80-228, p. 309, §1.)...
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45-17-232
Section 45-17-232 Day reporting system. (a) This section shall be applicable only in Colbert
County. (b) Any person who has been committed to the county jail in Colbert County under a
criminal sentence imposed by the Circuit or District Court of Colbert County, and who has
been released on a suspended sentence shall report to the probation office of Colbert County.
The probation officer at his or her discretion shall require the person to report at regular
intervals, for the sole purpose of the collection of court costs, fines, and other penalties
and fees assessed against the convicted person by the probation officer. (c) The probation
officers of Colbert County, Alabama, shall remit fines, assessments, court costs, and restitution
assessed against the persons to the Colbert County Circuit Clerk. The probation officers shall
be allowed to charge the convicted persons a day reporting fee of 20 percent of the net weekly
income of the person and may charge a minimum of ten dollars ($10)...
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