12-16-197
Section 12-16-197 Issuance of subpoenas for witnesses for grand jury generally; proceedings
upon failure of witnesses summoned to attend. The district attorney, the foreman of the grand
jury or the clerk of the court, on the application of the grand jury, must issue subpoenas
for any witnesses whom they may require to give evidence before them, and if witnesses so
summoned fail to attend, the subpoenas must be returned to the court, with the default thereon
endorsed, signed by the foreman, and the same proceedings may thereupon be had against them
as against defaulting witnesses, the endorsement of the foreman being presumptive evidence
of the default. (Code 1852, §551; Code 1867, §4101; Code 1876, §4774; Code 1886, §4347;
Code 1896, §5033; Code 1907, §7294; Code 1923, §8676; Code 1940, T. 30, §83.)...
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12-21-244
Section 12-21-244 Subpoena of witnesses - Trial appearance. (a) No subpoena must be issued
in a criminal case unless the defendant is in custody or has given bail to answer the charge.
(b) If the defendant is in custody or has given bail to answer the charge, it is the duty
of the clerk of the court in which the prosecution is pending, on his application, to issue
subpoenas for such witnesses as he requires. (c) The clerk must also issue subpoenas for all
witnesses on the part of the state whose names are so marked on the indictment, if any, and
for such other witnesses as the district attorney may direct him to summon. (d) It is the
duty of clerks of the district and circuit courts to subpoena witnesses in cases set for trial
to the day fixed for such trial. (Code 1852, §§661-663; Code 1867, §§4213-4215; Code 1876,
§§4918-4920, 4923; Code 1886, §§4456-4458, 4460; Code 1896, §§5280-5282, 5284; Code
1907, §§7877-7879, 7881; Code 1923, §§5615-5617, 5619; Code 1940, T. 15,...
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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37-1-143
Section 37-1-143 Review of case to be upon certified record or transcript; remand of case to
commission for additional proceedings; employment of special masters, accountants, consultants,
etc., by chief justice. The court shall review the case upon the certified record or transcript
of the commission, and no new or additional evidence shall be introduced or oral testimony
heard, but the court may, in advance of its judgment, remand the case to the commission for
the purpose of taking additional testimony or other proceedings. In the event the court, in
advance of its judgment, does not remand the case to the commission for the purpose of taking
additional testimony or other proceedings, then the court shall have up to 180 days from the
date the case is submitted to the court to render its judgment. For the purpose of carrying
out the provisions of this subdivision 2, the chief justice of the supreme court, with the
advice and consent of the supreme court, is hereby authorized to...
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12-22-132
Section 12-22-132 Reserving questions of law; presumption that written charges asked before
jury retired. Any question of law arising in any of the proceedings in a criminal case tried
in the circuit court may be reserved by the defendant, but not by the state, except as provided
in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals.
All written charges in the record on appeal shall be presumed to have been asked of the court
before the jury retired unless shown to the contrary by notation of the trial judge of the
refused charges. (Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508;
Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in a paternity
proceeding where the defendant has been declared the legal father, the case shall be reopened
if there is scientific evidence presented by the defendant that he is not the father. The
court shall admit into evidence any scientific test recognized by the court that has been
conducted in accordance with established scientific principles or the court may order a blood
test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court
orders a test and any of the persons to be tested refuse to submit to the test, the fact shall
be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified
expert approved by the court. The expert may be called by the court or any party as a witness
to testify to the test results and shall be subject to cross-examination by the parties. The
test results may be admitted into evidence. If more than one...
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28-4-279
Section 28-4-279 Forfeiture and condemnation proceedings in circuit courts. A search warrant
may be issued by any judge of a circuit court, and on the return of the warrant, the same
proceedings may be had before the judge sitting as a court as are prescribed in this article
for the trial before district court judges issuing said warrants. Any defendant to the warrant
in such circuit court may have a jury trial upon demanding the same at the time he files his
verified answer and claim. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4766; Code 1940, T. 29, §235.)...
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12-16-7
Section 12-16-7 Duty of juror to declare personal knowledge as to fact in controversy
during trial and proceedings upon such declaration; proceedings upon declaration of fact by
juror during retirement of jury. If a juror has personal knowledge respecting any fact
in controversy, he must declare it in open court during the trial; and, if during the retirement
of the jury a juror declares a fact as of his own knowledge which could be evidence in the
case, the jury must forthwith return into court and such juror must, in either case, be sworn
and examined as a witness in the presence of the parties. (Code 1852, §648; Code 1867, §4200;
Code 1876, §4905; Code 1886, §4475; Code 1896, §5299; Code 1907, §7896; Code 1923, §5634;
Code 1940, T. 30, §7.)...
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13A-5-10.1
Section 13A-5-10.1 Habitual felony offenders - Proof; certified copies of case action summary
sheets, docket sheets, etc. (a) Certified copies of case action summary sheets, docket sheets
or other records of the court are admissible for the purpose of proving prior convictions
of a crime, if the prior conviction is otherwise admissible under the laws of this state.
(b) If the trial court determines that the defendant would be prejudiced by the admission
of the documents described in subsection (a) the court may admit into evidence and inform
the jury of the fact of the conviction but not allow the jury to view the prejudicial documents.
(c) If the document described in subsection (a) indicates that the defendant was represented
by an attorney, it is presumed that the attorney was present in court with the defendant at
all critical stages of the proceeding. (Acts 1987, No. 87-604, p. 1051, §§1-3.)...
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15-2-26
Section 15-2-26 Trial on certified copy of indictment; correction of transcript mistakes and
certification of omitted portion of record. The defendant must be tried in the court to which
the case is removed on the copy of the indictment certified pursuant to Section 15-2-25; and
such court may, if necessary and on a proper showing, order the clerk of the court in which
the indictment was found to correct any mistake in the transcript or to certify any portion
of the record which he may have omitted. (Code 1852, §659; Code 1867, §4211; Code 1876,
§4916; Code 1886, §4490; Code 1896, §5314; Code 1907, §7857; Code 1923, §5586; Code 1940,
T. 15, §274.)...
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