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15-8-71
Section 15-8-71 Withdrawal and filing of indictment with leave to reinstate same. In all criminal
cases in the circuit court in which a capias or warrant of arrest has issued for two terms
and has been returned "not found," the district attorney may, by leave of the court,
withdraw and file the indictment, with leave to reinstate the same when the ends of justice
require such reinstatement. In all cases where a defendant is confined in one of the Alabama
state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney
may, by leave of the court, withdraw and file the indictment, with leave to reinstate the
same when the ends of justice require such reinstatement. (Code 1867, §4149; Code 1876, §4822;
Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T.
15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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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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15-22-36
Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures, etc.;
notice of board action. (a) In all cases, except treason and impeachment and cases in which
sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons
and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines
and forfeitures. (b) Each member of the Board of Pardons and Paroles favoring a pardon, parole,
remission of a fine or forfeiture, or restoration of civil and political rights shall enter
in the file his or her reasons in detail, which entry and the order shall be public records,
but all other portions of the file shall be privileged. (c) No pardon shall relieve one from
civil and political disabilities unless specifically expressed in the pardon. No pardon shall
be granted unless the prisoner has successfully completed at least three years of permanent
parole or until the expiration of his or her sentence if his or her...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney and
assistant district attorney, within the circuit, county, or other territory for which he or
she is elected or appointed: (1) To attend on the grand juries, advise them in relation to
matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and shall,
in every case of failure, move against the register as provided by subsection (b) of Section
12-17-114. (5) If a criminal prosecution is removed from a court of his or her circuit, county,
or division of a county to a court of the United States, to appear in that court and represent
the state; and, if it is impracticable, consistent with his or her...
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12-16-210
Section 12-16-210 Disclosure of indictment by district attorney, grand juror, etc., prior to
arrest, etc., of person indicted. Any judge, district attorney, clerk or other officer of
court or grand juror who discloses the fact that an indictment has been found before the person
indicted has been arrested or has given bail for his appearance to answer thereto shall, on
conviction, be fined not less than $200.00, and may also be imprisoned in the county jail
or sentenced to hard labor for the county for not more than six months. (Code 1852, §36;
Code 1867, §3577; Code 1876, §4134; Code 1886, §3969; Code 1896, §5047; Code 1907, §7308;
Code 1923, §8690; Code 1940, T. 30, §95.)...
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12-2-35
Section 12-2-35 Notification of Chief Justice by judge or district attorney unable to attend
court; designation of judge or district attorney to attend and hold court. Whenever the judge
or the district attorney of the court shall be unable to attend such court, he shall notify
the Chief Justice, and the Chief Justice shall designate some other judge or district attorney,
as the case may be, not then engaged elsewhere to attend and hold said court or discharge
the duties of district attorney or judge, as the case may be. (Acts 1915, No. 521, p. 592;
Code 1923, §10297; Code 1940, T. 13, §40.)...
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15-11-15
Section 15-11-15 Court to report when person held on indictment; report when no committals.
(a) When any person is held by a district court to answer an indictment for a public offense,
it is the duty of such court to return to the district attorney immediately after the order
holding or committing such person the affidavit and warrant of arrest, with a transcript of
the docket, a list of the state's witnesses and all costs and all undertakings of bail by
parties or witnesses in the case. (b) When there has been no such committals since the last
session of the circuit court, the district court shall make a report of that fact to the district
attorney. (Code 1852, §473; Code 1867, §4022; Code 1876, §4692; Code 1886, §4298; Code
1896, §5247; Code 1907, §7615; Code 1923, §5248; Code 1940, T. 15, §151.)...
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12-17-188
Section 12-17-188 Suspension from office - Indictment pending. When it shall be made known
to any court that an indictment is pending therein against the person who is acting as district
attorney of the county in which the court is held, the court shall make an order suspending
such district attorney. The district attorney so suspended shall not act as district attorney
until such order of suspension shall be set aside. (Code 1876, §776; Code 1886, §4251; Code
1896, §5523; Code 1907, §7788; Code 1923, §5506; Code 1940, T. 13, §237.)...
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