15-8-91
Section 15-8-91 Prosecution dismissed where amendment not consented to by defendant; new indictment;
form of entry of record. If the defendant will not consent to such amendment of an indictment,
the prosecution may be dismissed at any time before the jury retires as to the count in the
indictment to which the variance applies, and the court may order another indictment to be
preferred at a subsequent time, in which case an entry of record must be made to the effect
following: "The State ) In this case, it appeared from the evidence that there was a
variance between the allegations of the indictment and the "The State proof in this (setting
out the variance); or it appeared from the evidence that the defendant's name was ...(stating
it); and the defendant not consenting to allow the indictment to be amended, the prosecution
was dismissed before the jury retired, and another indictment was ordered to be preferred."
v.) A. B.) (Code 1852, §594; Code 1867, §4144; Code 1876, §4817; 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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15-8-150
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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15-8-90
Section 15-8-90 When allowed. An indictment may be amended, with the consent of the defendant
entered of record, when the name of the defendant is incorrectly stated or when any person,
property or matter therein stated is incorrectly described. (Code 1852, §593; Code 1867,
§4143; Code 1876, §4816; Code 1886, §4389; Code 1896, §4917; Code 1907, §7155; Code 1923,
§4550; Code 1940, T. 15, §253.)...
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15-3-6
Section 15-3-6 When time elapsing between preferring of first charge and subsequent indictment
deducted from time limitation. When an indictment is lost, mislaid or destroyed, when a judgment
is arrested or an indictment quashed for any defect therein, for the reason that it was not
found by a grand jury regularly organized, because it charged no offense or for any other
cause or when the prosecution is dismissed because of a variance between the allegations of
the indictment and the evidence and a new indictment is ordered to be preferred, the time
elapsing between the preferring of the first charge or indictment and the subsequent indictment
must be deducted from the time limited for the prosecution of the offense last charged. (Code
1852, §597; Code 1867, §4147; Code 1876, §4820; Code 1886, §3715; Code 1896, §5075; Code
1907, §7351; Code 1923, §4935; Code 1940, T. 15, §226.)...
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10A-21-3.01
Section 10A-21-3.01 Docketing and issuance of notice of indictment. When an indictment is returned
against a corporation doing business in this state, such indictment shall be forthwith docketed,
and the clerk of the court shall issue a notice thereof to the defendant corporation, accompanied
by a certified copy of the indictment. (Code 1896, §5316; Code 1907, §6624; Code 1923, §3727;
Code 1940, T. 10, §199; §10-7-1; amended and renumbered by Act 2009-513, p. 967, §360.)...

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10A-21-3.03
Section 10A-21-3.03 Entry of not guilty plea for corporation failing to appear, etc. If the
defendant corporation fails to appear and plead to the indictment, the court must cause the
plea of not guilty to be entered for it, and the trial shall proceed as if the corporation
had appeared and pleaded not guilty; but, in such case, proof must be made to the court that
the person upon whom the notice and copy of the indictment were served was an officer or agent
of the corporation authorized by law to receive such service. (Code 1896, §5318; Code 1907,
§6626; Code 1923, §3729; Code 1940, T. 10, §201; §10-7-3; amended and renumbered by Act
2009-513, p. 967, §360.)...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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12-21-244
Section 12-21-244 Subpoena of witnesses - Trial appearance. (a) No subpoena must be issued
in a criminal case unless the defendant is in custody or has given bail to answer the charge.
(b) If the defendant is in custody or has given bail to answer the charge, it is the duty
of the clerk of the court in which the prosecution is pending, on his application, to issue
subpoenas for such witnesses as he requires. (c) The clerk must also issue subpoenas for all
witnesses on the part of the state whose names are so marked on the indictment, if any, and
for such other witnesses as the district attorney may direct him to summon. (d) It is the
duty of clerks of the district and circuit courts to subpoena witnesses in cases set for trial
to the day fixed for such trial. (Code 1852, §§661-663; Code 1867, §§4213-4215; Code 1876,
§§4918-4920, 4923; Code 1886, §§4456-4458, 4460; Code 1896, §§5280-5282, 5284; Code
1907, §§7877-7879, 7881; Code 1923, §§5615-5617, 5619; Code 1940, T. 15,...
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