12-16-203
Section 12-16-203 Finding of indictments for misdemeanors generally. The grand jury shall not be bound to find an indictment for any misdemeanor, where no prosecutor appears, unless 12 of their number think it necessary for the public good. (Code 1852, §546; Code 1867, §4096; Code 1876, §4769; Code 1886, §4352; Code 1896, §5038; Code 1907, §7299; Code 1923, §8681; Code 1940, T. 30, §88.)...
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12-16-213
Section 12-16-213 Refusal of witness to testify before grand jury as to gaming or lottery. Any person who is summoned as a witness before the grand jury to answer as to any gaming or lottery within his knowledge and who fails or refuses to attend and testify in obedience to such summons without a good excuse, to be determined by the court, is guilty of a contempt and also a misdemeanor and, on conviction for such misdemeanor, shall be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than three months. (Code 1852, §38; Code 1867, §3579; Code 1876, §4136; Code 1886, §4066; Code 1896, §4806; Code 1907, §995; Code 1923, §4245; Code 1940, T. 14, §273; Code 1975, §13-7-30.)...
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12-21-283
Section 12-21-283 Procedure for securing attendance of witness in another state at criminal proceedings, etc., within state; fees and allowances; effect of failure of summoned witness to attend and testify. (a) If a person in any state which, by its laws, has made provision for commanding persons within its borders to attend and testify in criminal proceedings or grand jury investigations commenced or about to be commenced in this state is a material witness in a criminal proceeding pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a...
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12-21-281
Section 12-21-281 Definitions. As used in this subdivision, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) WITNESS. A person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. (2) STATE. Any state or territory of the United States and the District of Columbia. (3) SUMMONS. A subpoena, order or other notice requiring the appearance of a witness. (Acts 1977, No. 638, p. 1084, §1.)...
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12-16-201
Section 12-16-201 When grand jurors may be required to disclose testimony of witnesses. A grand juror may be required by any court to disclose the testimony of any witness examined before the grand jury for the purpose of ascertaining whether it is consistent with the testimony given by the witness before the court or on a charge of perjury against him. (Code 1852, §557; Code 1867, §4107; Code 1876, §4780; Code 1886, §4351; Code 1896, §5037; Code 1907, §7298; Code 1923, §8680; Code 1940, T. 30, §87.)...
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28-4-271
Section 28-4-271 Forfeiture and condemnation proceedings generally - Prosecution of action. Where an officer seizes liquors and beverages and vessels and receptacles under a search warrant, he shall appear on the day fixed for the hearing. The district attorney or his deputy shall appear and prosecute said action on behalf of the state. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4767; Code 1940, T. 29, §236.)...
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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....
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12-1-23
Section 12-1-23 Reasonable accommodation for those in need of special services, etc. (a) If any plaintiff, defendant, or witness in any proceeding before the district court, circuit court, appellate court, or grand jury is in need of special services or equipment as required by the Americans with Disabilities Act [P.L. 101-366], the court shall make every effort to make reasonable accommodation for the services or equipment to allow the person to fully participate in the proceedings. All costs for the services or equipment shall be approved in advance by the court. (b) The costs incurred by the district, circuit, or appellate court providing special services or equipment, when approved by the court in advance, shall be forwarded by the clerk of the court to the State Comptroller to be paid out of funds within the State General Fund known as "court assessed costs not provided for." Nothing in this section shall prohibit the court from taxing the costs against one or more of the parties...
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12-19-135
Section 12-19-135 Witness fees in probate court - Generally; inquisition proceedings regarding mental illness. Witnesses in proceedings in probate court are entitled to the same fees as in circuit court, to be taxed as costs, except in inquisition proceedings regarding mental illness, in which they shall receive $.75 per day, to be taxed and collected the same as fees or compensation of jurors in such cases as provided by Section 12-19-113. (Code 1907, §3681; Code 1923, §7241; Code 1940, T. 11, §52.)...
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20-1-32
Section 20-1-32 Exemption from prosecution of dealers. No dealer shall be prosecuted under the provisions of this division when the dealer can establish a bona fide guarantee signed by a reputable wholesaler, jobber, or manufacturer within the United States from whom he or she purchased such articles that they are not adulterated or misbranded within the meaning of this division, designating it and that he or she has no knowledge of such adulteration or misbranding at the time they were purchased by that dealer. Such guarantee shall contain the name and address of the vendor who shall be amenable to the prosecutions, fines, and other penalties to which the purchaser would otherwise be amenable. Provided, however, there shall be no exemption from prosecution with regard to the sale or the offer for sale of out-of-date food products by the dealer. There shall be no exemption from prosecution with regard to the sale or the offer for sale of food products that have become out-of-date,...
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