43-8-173
Section 43-8-173 Withdrawal of will before probate. When any will is filed with the probate
judge or in the probate court for the purpose of probating the same, and it becomes necessary
to withdraw said will before it is probated, the probate judge shall have the same recorded
in the book in which are recorded probated wills, but shall mark or have written on the page
or pages of the record where recorded the following: "Recorded Before Being Probated."
The probate judge shall not allow any will filed with him or his office for the purpose of
probating to be removed from such office by anyone until it is so recorded, and in the event
such will is lost, destroyed or mutilated, the record of such will and certified transcripts
therefrom shall be given the same force and effect as could be given the original. (Code 1923,
§10619; Code 1940, T. 61, §45; Code 1975, §43-1-50.)...
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45-39-82.05
Section 45-39-82.05 Program requirements; records restorative justice initiative. (a) An offender
who enters into the pretrial diversion program shall satisfy each of the following requirements:
(1) Voluntarily waive, in writing, his or her right to a speedy trial. (2) Agree, in writing,
to the tolling of periods of limitations established by statutes or rules of court while in
the program. (3) Waive, in writing, his or her right to a jury trial. (4) Provide a statement
written by the offender, admitting his or her participation in, and responsibility for, the
offense which is the subject of the application for entry into the pretrial diversion program,
which statement shall be admissible in any criminal trial. (5) Agree, in writing, to the conditions
of the pretrial diversion program established by the district attorney. (6) If there is a
victim of the crime, agree in writing to a restitution agreement within a specified period
of time and in an amount to be determined by the district...
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12-12-32
Section 12-12-32 Criminal jurisdiction generally. (a) Misdemeanors. The district court shall
have exclusive original trial jurisdiction over prosecutions of all offenses defined by law
or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal
courts; (2) Any such prosecution which also involves a felony offense which is within the
exclusive jurisdiction of the circuit court, except as the district court is empowered to
hold preliminary hearings with respect to felonies and to receive guilty pleas as provided
in subsection (b) of this section; and (3) Any misdemeanor for which an indictment has been
returned by a grand jury. (b) Felonies. (1) The district court may exercise original jurisdiction
concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined
by law as felonies not punishable by sentence of death. (2) The district court shall have
jurisdiction to hold preliminary hearings in prosecutions for felonies as...
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12-16-197
Section 12-16-197 Issuance of subpoenas for witnesses for grand jury generally; proceedings
upon failure of witnesses summoned to attend. The district attorney, the foreman of the grand
jury or the clerk of the court, on the application of the grand jury, must issue subpoenas
for any witnesses whom they may require to give evidence before them, and if witnesses so
summoned fail to attend, the subpoenas must be returned to the court, with the default thereon
endorsed, signed by the foreman, and the same proceedings may thereupon be had against them
as against defaulting witnesses, the endorsement of the foreman being presumptive evidence
of the default. (Code 1852, §551; Code 1867, §4101; Code 1876, §4774; Code 1886, §4347;
Code 1896, §5033; Code 1907, §7294; Code 1923, §8676; Code 1940, T. 30, §83.)...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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12-21-245
Section 12-21-245 Subpoena of witnesses - Authority of district attorney. The district attorney
also has authority to issue subpoenas for witnesses on the part of the state, to appear either
before the grand jury or before any court in his circuit. (Code 1852, §664; Code 1867, §4216;
Code 1876, §4921; Code 1886, §4459; Code 1896, §5283; Code 1907, §7880; Code 1923, §5618;
Code 1940, T. 15, §293.)...
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12-25-2
Section 12-25-2 Purpose. (a) The purposes of the commission shall be to review existing sentence
structure, including laws, policies, and practices, and to determine and recommend to the
Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and
other aspects of sentencing policies and practices appropriate for the state which: (1) Secure
the public safety of the state by providing a swift and sure response to the commission of
crime. (2) Establish an effective, fair, and efficient sentencing system for Alabama adult
and juvenile criminal offenders which provides certainty in sentencing, maintains judicial
discretion and sufficient flexibility to permit individualized sentencing as warranted by
mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants
with like criminal records who have been found guilty of similar criminal conduct. Where there
is disparity, it should be rational and not related, for example, to...
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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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15-14-4
Section 15-14-4 Court may allow omission in testimony to be supplied before argument concluded.
The court may, at its discretion, at any time before the conclusion of the argument, when
it appears to be necessary to the due administration of justice, allow a party to supply an
omission in the testimony on such terms and under such limitations as the court may prescribe.
(Code 1907, §5351; Code 1923, §9490; Code 1940, T. 7, §252.)...
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17-14-1
Section 17-14-1 State and county officers who are elected by the people. The following officers
in this state shall be elected by the qualified electors thereof: Governor, Lieutenant Governor,
Attorney General, Auditor, Secretary of State, Treasurer, Commissioner of Agriculture and
Industries, public service commissioners, senators and representatives in the Legislature,
Chief Justice and associate justices of the Supreme Court, judges of the courts of appeals,
circuit courts, and district courts, district attorneys, judges of the probate court, sheriffs,
coroners, clerks of the circuit courts, tax assessors, tax collectors, county treasurers in
counties of more than 56,000 population, as provided by law, members of county commissions,
constables, representatives in Congress, United States senators, electors for President and
Vice President of the United States, and such other officers as may be required by law to
be elected by the people, when not otherwise specially provided for....
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