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15-21-23
Section 15-21-23 Judgment, etc., or contempt commitment not to be inquired into. On the return
of a writ of habeas corpus, no court or judge has authority to inquire into the regularity
or justice of any order, judgment, decree or process of any court legally constituted, nor
into the justice or propriety of any commitment for contempt made by a court, officer or body
according to law and charged in such commitment. (Code 1852, §734; Code 1867, §4285; Code
1876, §4961; Code 1886, §4784; Code 1896, §4837; Code 1907, §7032; Code 1923, §4331;
Code 1940, T. 15, §27.)...
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28-4-272
Section 28-4-272 Forfeiture and condemnation proceedings generally - Persons not to be excused
from attending and testifying or producing books, papers, etc., at hearing or trial; immunity
from prosecution as to transactions, etc., as to which testimony or documents produced. No
person, except one who answers claiming some right, title or interest in the liquors so seized,
shall be excused from attending and testifying or producing any books, papers or other documents
before any court or judge upon any such hearing or trial upon the ground or for the reason
that the testimony or evidence, documentary or otherwise, required of him may tend to convict
him of a crime or to subject him to a penalty or forfeiture, but no person shall be prosecuted
or subjected to any penalty or forfeiture for or on account of any transaction, matter or
thing concerning which he may so testify or produce evidence, documentary or otherwise, and
no testimony so given or produced shall be received against him...
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28-4-325
Section 28-4-325 Fees of officers making seizures of prohibited liquors. When an officer arrests
any person in possession of an unlawful quantity or quantities of prohibited liquors or of
such liquors under conditions prohibited by law, then, on the conviction of such party of
a violation of a city ordinance or state law, whether in the municipal court or state court
possessing jurisdiction, the following fee for making the seizure of the liquors shall be
taxed against the defendant and paid to such officer as a part of the cost of the case: (1)
If a seizure is made of not less than one gallon nor more than five gallons of such liquors,
the fee shall be $3.00; (2) If the seizure is of more than five gallons and less than 20 gallons,
the fee shall be $5.00; and (3) If more than 20 gallons is seized, the fee shall be $10.00.
(Acts 1915, No. 491, p. 553; Code 1923, §4654; Code 1940, T. 29, §129.)...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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41-9-655.01
Section 41-9-655.01 Reporting requirements for certain property seized for forfeiture in connection
with a criminal event. (a) All property seized by a state, county, or municipal law enforcement
agency for forfeiture in connection with a criminal event shall be reported to the uniform
crime reporting system operated by the Alabama State Law Enforcement Agency on behalf of the
Alabama Justice Information Commission. (b) The commission shall develop rules for reporting
property seized pursuant to this section. Information reported shall include any information
required by the commission, including, but not limited to, all of the following: (1) The date
of the seizure. (2) The address of the seizure. (3) The name of the law enforcement agency
that conducted the seizure. (4) The type of property seized. (5) A general description of
the property seized. (6) The name of the person or entity, if known, from whom the property
was seized. (7) A description of the suspected underlying criminal...
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45-27-81
Section 45-27-81 Escambia County Law Library and Judidcial Administration Fund. (a) In Escambia
County, in order to provide a special fund for the creation and maintenance of the law library
and for the purposes of judicial administration as further specified in this section, there
shall be taxed as additional court costs the sum of thirty dollars ($30) in each civil or
quasi-civil action at law, small claims case, suit in equity, criminal case, traffic case,
quasi-criminal case, juvenile court case, proceeding on forfeited bail bond, or a proceeding
on a forfeited bond given in connection with an appeal from a judgment of conviction in any
district or municipal court to each circuit court or to the juvenile court hereinafter filed
in, arising in, or brought by appeal, certiorari, or otherwise to the circuit court or district
court or to the juvenile court in Escambia County. The costs shall be collected as other costs
in cases are collected by the clerk of the court and shall be paid...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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14-4-4
Section 14-4-4 Report of hard labor sentence to probate judge. (a) All judicial officers shall,
immediately upon the sentence of any person to hard labor for any county, report in writing
to the judge of probate of the county for which such sentence is made, the name of such person,
the length of his sentence, the date of its commencement and the amount of costs. Any judicial
officer presiding over a court that has a clerk may order such report to be made by such clerk.
(b) Any judicial officer or clerk who fails to report in writing to the judge of probate,
as required by law, the name of any person sentenced to hard labor for the county, length
of such sentence, the date of its commencement and the amount of the costs therein must, on
conviction, be fined not less than $25.00. (Code 1896, §§4543, 5118; Acts 1907, No. 85,
p. 179; Code 1907, §§6592, 7462; Code 1923, §§3700, 5054; Code 1940, T. 45, §§79, 80.)...
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28-4-286
Section 28-4-286 Institution of proceedings for condemnation of vehicles, etc.; seized property
not to be retaken by replevin or detinue during pendency of action; intervention by parties
claiming superior right to seized property; powers of court to regulate proceedings to permit
parties claiming vehicles, etc., to assert rights. It shall be the duty of such officer in
the county or the Attorney General of the state to institute at once or cause to be instituted
condemnation proceedings in the circuit court by filing a complaint in the name of the state
against the property seized, describing the same, or against the person or persons in possession
of said vehicles of transportation, if known, to obtain a judgment enforcing the forfeiture.
No replevin or detinue writ may be employed to retake possession of such seized property pending
the forfeiture action, but any party claiming a superior right may intervene by motion in
said action and have his claim adjudicated. The judge...
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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor and
general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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