31-2-24
Section 31-2-24 Preservation of arms, equipment, etc., by officers. All commissioned officers
of the National Guard and Naval Militia of this state shall exercise the strictest care and
vigilance for the preservation of the equipment, arms, and uniforms and military property
furnished to their several commands under the provisions of this chapter, and in case of any
loss thereof or damage thereto by reason of the neglect or default of any such officer to
exercise such care and vigilance he shall be liable to trial by court-martial for neglect
of duty. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §22; Acts 1973, No. 1038,
p. 1572, §23.)...
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31-2A-44
Section 31-2A-44 (Article 44.) Former jeopardy. (a) No person, without his or her consent,
may be tried a second time for the same offense. (b) No proceeding in which an accused has
been found guilty by a court-martial upon any charge or specification is a trial pursuant
to this article until the finding of guilty has become final after review of the case has
been fully completed. (c) A proceeding which, after the introduction of evidence but before
a finding, is dismissed or terminated by the convening authority or on motion of the prosecution
for failure of available evidence or witnesses without any fault of the accused is a trial
in the sense of this article. (d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C.,
shall be barred from prosecution under this code. (Act 2012-334, p. 790, §1.)...
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43-2-296
Section 43-2-296 Trial. On the day specified in the citation, or after publication as required,
or on any day thereafter to which the hearing may be continued, the court must proceed to
hear the evidence, and may, in its discretion, examine the parties; and when the application
charges embezzlement, waste or any other maladministration of the estate, either party is
entitled to a trial by jury. (Code 1852, §§1703, 1704; Code 1867, §§2024, 2025; Code 1876,
§§2393, 2394; Code 1886, §2050; Code 1896, §97; Code 1907, §2571; Code 1923, §5794;
Code 1940, T. 61, §184.)...
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12-2-33
Section 12-2-33 Ordering of special sessions of courts, etc. Whenever in the opinion of the
Chief Justice the business in any of the courts is being delayed or is unnecessarily congested
or unnecessarily accumulated, he shall order adjourned or special sessions of court or the
calling of the cases on the dockets for trial by sending a written order to the clerk of the
court, which order shall be spread upon the minutes of the court as a part of the organization
thereof, and he may direct the judge of any circuit at any time to call or order an adjourned
or special session of any court in the circuit of such judge for the trial of all cases, civil
or criminal, and the circuit judge shall immediately make such orders and issue such process
and notice as shall be necessary for the calling, convening and holding of such sessions of
court according to law. (Acts 1915, No. 521, p. 592; Code 1923, §10296; Code 1940, T. 13,
§39.)...
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31-2A-75
Section 31-2A-75 (Article 75.) Restoration. (a) Under such regulations as may be prescribed,
all rights, privileges, and property affected by an executed part of a court-martial sentence
which has been set aside or disapproved, except an executed dismissal or discharge, shall
be restored unless a new trial or rehearing is ordered and such executed part is included
in a sentence imposed upon the new trial or rehearing. (b) If a previously executed sentence
of or bad-conduct discharge is not imposed on a new trial, the Governor shall substitute therefor
a form of discharge authorized for administrative issuance unless the accused is to serve
out the remainder of the accused's enlistment. (Act 2012-334, p. 790, §1.)...
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15-5-17
Section 15-5-17 Searching of person charged with felony for weapon or evidence in judge's or
magistrate's presence. When a person charged with a felony is supposed by the judge or the
magistrate before whom he is brought to have upon his person a dangerous weapon or anything
which may be used as evidence of the commission of the offense, the judge or the magistrate
may direct him to be searched in his presence and such weapon or other thing to be retained,
subject to the order of the court in which the defendant may be tried. (Code 1852, §844;
Code 1867, §4395; Code 1876, §4024; Code 1886, §4745; Code 1896, §5502; Code 1907, §7775;
Code 1923, §5489; Code 1940, T. 15, §118.)...
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45-35A-51.32
Section 45-35A-51.32 Court proceedings. Orders of the personnel board may be enforced by mandamus,
injunction, quo warranto, or other appropriate proceedings, in any court of competent jurisdiction.
Any person or city official directly interested, within five days, may appeal to the Circuit
Court of Houston County from any order of the board by filing notice thereof with the board,
whereupon the board shall certify to a transcript of the proceedings before it and file the
same in the court. The findings of fact by the board, duly set forth in the transcript, if
supported by substantial evidence adduced before the board, after notice to the interested
party or parties and after affording such parties an opportunity to be heard, shall be conclusive
on any appeal. The issues on such appeal shall be made up under the directions of the court
and within 30 days after such transcript is filed in court; and the trial thereof shall proceed
on the evidence contained in such transcript, if it...
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12-1-18
Section 12-1-18 Reimbursement of travel expenses of circuit judges, district court judges,
municipal judges, court-supportive personnel, etc.; effect of failure to attend educational
conference, seminar, etc., when attendance ordered. (a) Notwithstanding any other provision
of law relating to reimbursement of traveling expenses of public officers and employees, all
circuit judges, district court judges and court-supportive personnel, including, but not limited
to, referees, clerks, registers, official court reporters, special roving court reporters,
special court reporters, bailiffs, magistrates of district courts and employees of clerks'
offices and registers' offices, shall be entitled to be reimbursed their necessary and reasonable
expenses of travel, including, but not limited to, transportation costs, meals, lodging, registration
fees, tuition fees and membership fees, whenever traveling on official business from the town
or city of their office to other locations, regardless of...
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12-17-272
Section 12-17-272 Special roving reporters. Special roving reporters may be appointed and serve
at the pleasure of the Administrative Director of Courts on either a part-time or full-time
basis and shall perform duties at places and in such manner as prescribed by the Administrative
Director of Courts. The rate of compensation of such special roving reporter shall be established
by the Administrative Director of Courts. Special reporters may be employed by a circuit judge
or district court judge, as the work of the court requires, subject to prior approval of the
Administrative Director of Courts as to the need of such employment, length of employment,
amount of compensation and use thereof. Transcript fees of special roving reporters and special
reporters shall be paid at the rate set for court reporters, pursuant to Section 12-17-276.
The Administrative Director of Courts shall promulgate regulations providing for use by judges
of official court reporters or previously appointed...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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