15-19-1
as a youthful offender, and no further action shall be taken on the indictment or information;
or the court may decide that the defendant shall not be arraigned as a youthful offender,
whereupon the indictment or information shall be deemed filed. (c) In addition to the provisions
of subsections (a) and (b), when the defendant is charged with a crime that contains as an
element of the crime or an allegation related to the charge that the defendant intentionally
inflicted serious physical injury or intentionally killed the victim in the commission
of the crime, prior to conducting a hearing or examination on whether the defendant will be
arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing
pursuant to the provisions of the Crime Victims' Rights Act. In addition, the court shall
conduct an evidentiary hearing on the allegations of the crime and the extent of injuries
of the victim and shall consider the evidence prior to determining youthful...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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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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15-11-9
Section 15-11-9 When defendant to be discharged. If upon the whole evidence in a preliminary
examination it appears to the court that no offense has been committed or that there is no
probable cause for charging the defendant therewith, the defendant must be discharged. (Code
1852, §461; Code 1867, §4010; Code 1876, §4680; Code 1886, §4287; Code 1896, §5236; Code
1907, §7604; Code 1923, §5237; Code 1940, T. 15, §139.)...
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15-2-23
Section 15-2-23 Examination of prosecution witnesses on interrogatories upon change of venue
in misdemeanor cases. When the defendant is charged with a misdemeanor, upon granting a change
of venue, the court may provide that witnesses for the prosecution may be examined on interrogatories
on such terms as the court may prescribe. (Code 1852, §656; Code 1867, §4208; Code 1876,
§4913; Code 1886, §4487; Code 1896, §5311; Code 1907, §7853; Code 1923, §5582; Code 1940,
T. 15, §270.)...
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43-2-459
Section 43-2-459 Report and examination of sale - Generally. The executor or administrator
must, within 30 days after such sale, report on oath his proceedings to the court, which report
must show whether or not the executor or administrator has any personal pecuniary interest
in the sale, whether he is, directly or indirectly, a purchaser at such sale; and the court
must examine the same, and may also examine witnesses in relation thereto. (Code 1852, §1765;
Code 1867, §2091; Code 1876, §2463; Code 1886, §2119; Code 1896, §173; Code 1907, §2637;
Code 1923, §5867; Code 1940, T. 61, §261.)...
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6-7-30
Section 6-7-30 Proceedings when defendant involved in bankruptcy. In any civil action in any
court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant
has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed,
it shall be the duty of the court in which such civil action is pending to proceed with the
trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment
in accordance with the law and the evidence in the case. The court in which such civil action
is pending shall also have authority, and it shall be its duty, to grant such stay of execution
against such defendant as may be appropriate or as may be provided for in the order of the
bankruptcy court, or to embody in the judgment entered in such case such provision as may
be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit
the manner of enforcement of said judgment, or so as to limit the...
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27-32-15
Section 27-32-15 Conduct of delinquency proceedings - Domestic and alien insurers. (a) Whenever
under this chapter a receiver is to be appointed in delinquency proceedings for a domestic
or alien insurer, the court shall appoint the commissioner as such receiver. The court shall
order the commissioner forthwith to take possession of the assets of the insurer and to administer
the same under the orders of the court. (b) As a domiciliary receiver, the commissioner shall
be vested by operation of law with the title to all of the property, contracts, and rights
of action and all of the books and records of the insurer, wherever located, as of the date
of entry of the order directing him to rehabilitate or liquidate a domestic insurer or to
liquidate the United States branch of an alien insurer domiciled in this state, and he shall
have the right to recover the same and reduce the same to possession; except, that ancillary
receivers in reciprocal states shall have, as to assets located in...
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43-2-451
Section 43-2-451 Proof of facts on application to sell for division; order of sale. The facts
stated in an application to sell land for distribution may be proved or disproved by the deposition
of disinterested witnesses, or by oral examination of disinterested witnesses in open court,
which must be reduced to writing, filed and recorded; and if the facts stated in such application
are proven to the satisfaction of the court by the evidence, the court may order a sale of
the land, which must be sold on such terms as the court may direct, not exceeding a credit
of three years. (Code 1852, §1872; Code 1867, §2228; Code 1876, §2457; Code 1886, §2113;
Code 1896, §166; Code 1907, §2630; Code 1923, §5859; Code 1940, T. 61, §254.)...
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43-8-202
Section 43-8-202 Contest in circuit court after admission to probate - Trial of issues by jury;
consideration of witnesses' testimony. The circuit court may, in such case, direct an issue
to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge,
the testimony of the witnesses reduced to writing by the judge of probate, according to section
43-8-169, is evidence to be considered by the judge or jury. (Code 1852, §1655; Code 1867,
§1973; Code 1876, §2337; Code 1886, §2001; Code 1896, §4300; Code 1907, §6209; Code 1923,
§10640; Code 1940, T. 61, §67; Code 1975, §43-1-82.)...
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