15-9-61
Section 15-9-61 Application by district attorney to Governor for requisition; filing and forwarding
of papers and requisition. (a) When the return to this state of a person charged with crime
in this state is required, the district attorney of the county in which the offense is committed
shall present to the Governor his written application for a requisition for the return of
the person charged, in which application shall be stated the name of the person charged, the
crime charged against him, the approximate time, place and circumstances of its committal,
the state in which he is believed to be, including the location of the accused therein at
the time the application is made, and certification that, in the opinion of the said district
attorney, the ends of justice require the arrest and return of the accused to this state for
trial and that the proceeding is not instituted to enforce a private claim. (b) The application
shall be verified by affidavit, shall be executed in duplicate...
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12-15-102
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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13A-10-152
Section 13A-10-152 Crime of terrorism. (a) A person is guilty of a crime of terrorism when,
with intent to intimidate or coerce a civilian population, influence the policy of a unit
of government by intimidation or coercion, or affect the conduct of a unit of government by
murder, assassination, or kidnapping, he or she commits a specified offense. (b)(1) When a
person is convicted pursuant to this section, and the specified offense is a Class B or Class
C felony, the crime of terrorism shall be deemed to be one class higher than the specified
offense the defendant committed, or one class higher than the offense level applicable to
the defendant's conviction for an attempt or conspiracy to commit the specified offense, whichever
is applicable. (2) Notwithstanding any other provision of law, when a person is convicted
of a crime of terrorism pursuant to this article, and the specified offense is a Class A felony
other than murder, the sentence upon conviction of the offense shall be...
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13A-10-104
Section 13A-10-104 Perjury prosecution for inconsistent statements; highest degree of perjury
for which conviction may be had. (a) Where a person has made statements under oath which are
inconsistent to the degree that one of them is necessarily false, each having been made within
the jurisdiction of this state and within the period of the statute of limitations, the prosecution
may proceed by setting forth the inconsistent statements in a single count alleging in the
alternative that one or the other was false and not believed by the defendant to have been
true when made. In such case, it shall not be necessary for the prosecution to prove which
statement was false, but only that one or the other was false and not believed by the defendant
to be true. (b) The highest degree of perjury of which the defendant may be convicted shall
be determined by hypothetically assuming each statement to be false and perjurious. If perjury
of the same degree would be established by the making of each...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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13A-4-3
Section 13A-4-3 Criminal conspiracy generally. (a) A person is guilty of criminal conspiracy
if, with the intent that conduct constituting an offense be performed, he agrees with one
or more persons to engage in or cause the performance of such conduct, and any one or more
of such persons does an overt act to effect an objective of the agreement. (b) If a person
knows or should know that one with whom he agrees has in turn agreed or will agree with another
to effect the same criminal objective, he shall be deemed to have agreed with such other person,
whether or not he knows the other's identity. (c) A person is not liable under this section
if, under circumstances manifesting a voluntary and complete renunciation of his criminal
purpose, he gave a timely and adequate warning to law enforcement authorities or made a substantial
effort to prevent the enforcement of the criminal conduct contemplated by the conspiracy.
Renunciation by one conspirator, however, does not affect the...
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13A-9-52
Section 13A-9-52 Sale and delivery of coal mixed with other substances or materials or with
different quality of coal. (a) Any person who knowingly sells and delivers any coal which
has been mixed or loaded in the delivery container together with any substance or material
other than coal or together with coal of a different quality with intent to defraud the purchaser
of such coal or with the intent to obtain a higher price for such coal by inducing the purchaser
to believe that such coal is of a higher quality or different quality than is actually delivered
shall be guilty of a Class A misdemeanor and shall, upon conviction, be fined not less than
$100.00 nor more than $2,000.00 for each offense, and may also be imprisoned in the county
jail for not more than one year for each offense; provided, that the blending of coal with
coal of a different quality in order to achieve contract specifications is not prohibited
by this section. (b) For the purposes of this section, the sale and...
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15-11-3
Section 15-11-3 Adjournment; commitment of defendant to jail or bail. When a defendant is brought
before a district court under a warrant of arrest for preliminary examination, the court may
adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one
time, without the consent of the defendant, and to the same or a different place in the county.
In such case, if the defendant is charged with a capital offense, he must be committed to
jail in the meantime; but if the offense is not capital, he may give bail in such sum as the
court directs for his appearance for such further examination or, for the want thereof, must
be committed. On the day to which the examination was adjourned, the defendant may be brought
before the court by verbal order to the officer who had charge of him or by order in writing
to a different person if the custody has been changed. (Code 1852, §454; Code 1867, §4003;
Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code...
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15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted to
bail when he is charged with an offense which may be punished by death if the court is of
the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is
likely to produce death and which was committed under circumstances such as would, if death
arises from such injury, constitute an offense which may be punished by death. (b)
In cases punishable capitally, the defendant is entitled to bail as a matter of right when
the state, after the finding of the indictment, has continued the case twice, without his
consent, for the testimony of absent witnesses. In such case, if the indictment is dismissed,
the defendant, on application for bail, is entitled to the benefit of any continuance had
upon such indictment by the state for absent witnesses; and, if another indictment is not
found at the...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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