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28-4-313
Section 28-4-313 Prosecutions for violations of chapter, etc., begun by affidavit or indictment;
right of person charged to demand grand jury indictment; continuation of prosecution upon
original affidavit; amendment of affidavit or complaint. All prosecutions for a violation
of any provision of this chapter or of any other law for the suppression of the evils of intemperance
may be begun by affidavit as well as by indictment; and when begun by affidavit, the person
charged shall not have the right to demand that a grand jury prefer an indictment for the
alleged offense, except where such offense is a felony, but the prosecution may continue no
matter in what court or before what judge the trial shall be had upon the affidavit upon which
it was originally begun. The said affidavit or any complaint that may be filed in such prosecution
may be amended to meet the ends of justice and to prevent a dismissal of the case upon any
informality, irregularity or technicality. (Acts 1909, No....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-313.htm - 1K - Match Info - Similar pages
28-4-321
Section 28-4-321 Contents and sufficiency of charges in indictments, complaints, affidavits,
etc., for sale, offer for sale, possession, etc., of prohibited liquors and beverages, etc.,
generally; proof of charges generally; admissibility in evidence of testimony of persons purchasing,
etc., prohibited liquors and beverages, etc.; immunity from prosecution of persons testifying
as to violations of chapter, etc. In an indictment, complaint or affidavit for selling, offering
for sale, keeping for sale or otherwise disposing of spirituous, vinous or malt liquors, it
is sufficient to charge that the defendant sold, offered for sale, kept for sale or otherwise
disposed of spirituous, vinous or malt liquors contrary to law, and in an indictment, complaint
or affidavit for selling, offering for sale, keeping for sale or otherwise disposing of prohibited
liquors and beverages, it is sufficient to charge that the defendant sold, offered for sale,
kept for sale or otherwise disposed of...
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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)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-15-4.htm - 8K - Match Info - Similar pages
9-11-11
Section 9-11-11 Violations of fish and game laws - Charging of several offenses. Two or more
offenses may be charged in the same affidavit, complaint or indictment, and proof as to a
part of a game bird, animal or fish shall be sufficient to sustain a charge as to the whole
of it; and the violation as to any number of animals, birds or fish of the same kind may be
charged in the same count and punished as separate offenses as to each game bird, animal or
fish. (Acts 1935, No. 240, p. 632, §55; Code 1940, T. 8, §54.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-11-11.htm - 832 bytes - Match Info - Similar pages
12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines; conditions.
Any person arrested or charged with the violation of a controlled substance offense as set
forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the district
attorney having jurisdiction over the offense to enroll in a drug abuse treatment program
in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution
may be granted at the discretion of the district attorney. The Office of Prosecution Services
shall establish guidelines, which shall be used by the prosecutor in evaluating the request
for diversion from the criminal justice system into rehabilitation. If prosecution has been
initiated by the filing of a complaint, information or indictment, prior approval and dismissal
of the case must be obtained from the judge presiding over the case. Admission to such treatment
or rehabilitation program and deferral of prosecution is...
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36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees;
finding of violation. (a) The commission shall do all of the following: (1) Prescribe forms
for statements required to be filed by this chapter and make the forms available to persons
required to file such statements. (2) Prepare guidelines setting forth recommended uniform
methods of reporting for use by persons required to file statements required by this chapter.
(3) Accept and file any written information voluntarily supplied that exceeds the requirements
of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing system
consistent with the purposes of this chapter. (5) Make reports and statements filed with the
commission available during regular business hours and online via the Internet to public inquiry
subject to such regulations as the commission may prescribe. (6) Preserve reports and statements
for a period consistent with the statute of limitations as...
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2-17-19
Section 2-17-19 Condemnation proceedings generally; disposition of condemned animals or articles;
payment of costs, fees and expenses, etc. (a) Any carcass, part of a carcass, meat or meat
food product or poultry food product of any of the animals or birds subject to inspection
under this chapter or any such animal or bird that is dead, dying, disabled or diseased that
is being transported in intrastate commerce or is held for sale in this state after such transportation
and that is or has been prepared, sold, transported or otherwise distributed or offered or
received for distribution in violation of this chapter or is capable of use as human food
and is adulterated or misbranded or in any other way is in violation of this chapter shall
be liable to be proceeded against and seized and condemned at any time by writ of attachment
for condemnation in any proper court as provided in Section 2-17-30 within the jurisdiction
of which the article or animal is found. Such writ of attachment...
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28-4-1
Section 28-4-1 Definitions. When used in this chapter, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) BREWER. Every person, firm, association or corporation that manufactures fermented liquors
of any name or description from malt, wholly or in part, or from any substitute therefor.
(2) DISTILLER. Every person, firm, association or corporation that produces distilled spirits
or who brews or makes mash, wort or wash fit for distillation or for the production of spirits
or who, by any process of evaporation, separates alcoholic spirits from any fermented substance
or who, making or keeping mash, wort or wash, has also in possession or use a still. (3) LIQUOR
NUISANCES. a. Any rooms or structures used for the unlawful manufacture, sale, furnishing,
distilling, rectifying, brewing or keeping of liquors or beverages that are prohibited by
the laws of Alabama to be manufactured, sold or otherwise disposed of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-1.htm - 6K - Match Info - Similar pages
34-14A-7
Section 34-14A-7 Applications for issuance or renewal of license; records; inactive license.
(a) Any residential home builder who desires to receive a new or renewal license under this
chapter shall make and file with the board 30 days prior to the next meeting of the board
a written application on a form prescribed by the board. Each applicant shall be a citizen
of the United States or, if not a citizen of the United States, a person who is legally present
in the United States with appropriate documentation from the federal government. Such application
shall be accompanied by the payment of the annual license fee required by the board. After
the board accepts the application, the applicant may be examined by the board at its next
meeting. The board, in examining the applicant, shall consider the following qualifications
of the applicant: (1) Experience. (2) Ability. (3) Character. (4) Business-related financial
condition. a. The board may require a financial statement on a form...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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