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31-2A-20
Section 31-2A-20 (Article 20.) Jurisdiction of summary courts-martial.. (a) Subject to Section
31-2A-17 (Article 17), summary courts-martial have jurisdiction to try persons subject to
this code, except officers, cadets, candidates, and midshipmen, for any offense made punishable
by this code under such limitations as the Governor may prescribe. (b) No person with respect
to whom summary courts-martial have jurisdiction may be brought to trial before a summary
court-martial if that person objects thereto. If objection to trial by summary court-martial
is made by an accused, trial by special or general courts-martial may be ordered, as may be
appropriate. Summary courts-martial, under such limitations as the Governor may prescribe,
may adjudge any punishment not forbidden by this code except dismissal, dishonorable or bad-conduct
discharge, confinement, restriction to specified limits for more than two months, or forfeiture
of more than 15 days of pay. (Act 2012-334, p. 790, §1.)...
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31-2-17
Section 31-2-17 Unauthorized wearing of uniform of United States Armed Forces. It shall be
unlawful for any person not an officer, warrant officer, or enlisted man of the United States
Armed Forces to wear the duly prescribed uniform or any distinctive part thereof, of the uniform
of the United States Armed Forces, within the boundaries of the State of Alabama; provided
that the foregoing provisions shall not be construed so as to prevent officers, warrant officers,
or enlisted men of the National Guard or Naval Militia, or such other organizations as the
Secretary of Defense shall designate, from wearing the prescribed uniform, nor to prevent
persons who in time of war have served honorably as officers of the United States Armed Forces,
regular or volunteer, whose most recent service was terminated by an honorable discharge,
muster out or resignation, from wearing, upon occasions of ceremony, the uniform of the highest
grade they held by brevet or other commission in such regular or...
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31-2A-99
Section 31-2A-99 (Article 99.) Misbehavior before the enemy. Any person subject to this code
who before or in the presence of the enemy does any of the following shall be punishable as
a court-martial may direct: (1) Runs away. (2) Shamefully abandons, surrenders, or delivers
up any command, unit, place, or military property which it is his or her duty to defend. (3)
Through disobedience, neglect, or intentional misconduct endangers the safety of any such
command, unit, place, or military property. (4) Casts away his or her arms or ammunition.
(5) Is guilty of cowardly conduct. (6) Quits his or her place of duty to plunder or pillage.
(7) Causes false alarms in any command, unit, or place under control of the Armed Forces of
the United States or the state military forces. (8) Willfully fails to do his or her utmost
to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft,
or any other thing, which it is his or her duty so to encounter, engage, capture,...
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31-2A-26
Section 31-2A-26 (Article 26.) Military judge of a general or special court-martial. (a) A
military judge shall be detailed to each general and special court-martial. The military judge
shall preside over each open session of the court-martial to which the military judge has
been detailed. (b) A military judge shall be all of the following: (1) An active or retired
commissioned officer. (2) A member in good standing of the bar of the highest court of a state
or a member of the bar of a federal court for at least five years. (3) Either a certified
military judge or a judge of a court of competent jurisdiction who is approved by the Adjutant
General. (c) In the instance when a military judge is not a member of the bar of the highest
court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing
a certificate with the state judge advocate setting forth such qualifications provided in
subsection (b) and with notice and approval of the State Bar and Chief...
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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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9-2-86
Section 9-2-86 Director and employees constituted peace officers; inspection, etc., of factories,
barrel measures, nets, trawls, etc. The Director of the Division of Marine Resources and other
employees of said division are hereby constituted peace officers of the State of Alabama with
full police power and jurisdiction to enforce all laws with reference to the seafoods of the
State of Alabama and all rules and regulations promulgated by the Department of Conservation
and Natural Resources, and they may exercise such powers in any county of the State of Alabama
and on any waters of this state. They are hereby authorized to carry firearms or other weapons
when they are actually in the discharge of their duties as such officers. They shall be clothed
with the power to arrest with or without warrant any person who shall violate any of the laws
of the State of Alabama or any rule or regulation of the Department of Conservation and Natural
Resources with reference to the protection,...
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31-2A-58
Section 31-2A-58 (Article 58.) Execution of confinement. (a) A sentence of confinement adjudged
by a court-martial, whether or not the sentence includes discharge or dismissal, and whether
or not the discharge or dismissal has been executed, may be carried into execution by confinement
in any place authorized by this code. Persons so confined are subject to the same discipline
and treatment as persons regularly confined or committed to that place of confinement. (b)
The omission of hard labor as a sentence authorized under this code does not deprive the state
confinement facility from employing it, if it otherwise is within the authority of that facility
to do so. (c) No place of confinement may require payment of any fee or charge for so receiving
or confining a person except as otherwise provided by law. (Act 2012-334, p. 790, §1.)...
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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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40-12-340
Section 40-12-340 Eligibility; scope. Every bona fide permanent resident of the State of Alabama
who served in the United States Army, Navy, or Marine Corps during World War I between April
6, 1917, and November 11, 1918, in the Spanish-American War between April 21, 1896, and July
4, 1902, or any soldier, sailor, or other person serving in the Armed Forces of the United
States between December 7, 1941, and the termination of World War II by the signing of a definitive
treaty of peace, or at any other time past, present or future when the United States was,
is or shall be engaged in hostilities with any foreign state, whether as a result of a declared
war or not, and who, at the time of his application for license as hereinafter provided for,
shall be physically disabled to the extent of 25 percent, or more, shall, upon sufficient
identification and upon sufficient proof of such disability and upon sufficient proof of being
a permanent resident of this state, and upon the production of...
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15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
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