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12-16-220
Section 12-16-220 Evidence, other than juror's questions, considerations, etc., disclosed to
district attorney's staff. Grand jury evidence other than the questions, considerations, debates,
deliberations, opinions or votes of any grand juror may be disclosed by a district attorney
or other prosecutor in the performance of his official duties to members of his staff for
the purposes of bona fide criminal investigations and prosecutions. (Acts 1979, No. 79-457,
p. 745, §7.)...
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12-22-113
Section 12-22-113 De novo trial in circuit court; statement of cause of complaint. The trial
in the circuit court shall be de novo and without any indictment or presentment by the grand
jury, but the district attorney shall make a brief statement of the cause of complaint signed
by him, which maybe in the following form: The State of Alabama, } In the circuit court, ______20__
On appeal from the district (or municipal) court. ___ county.} The State of Alabama, by its
district attorney, complains of C.D., that, within 12 months before the commencement of this
prosecution, he did (here describe the offense as in cases of indictment). G. H., district
attorney. (Code 1852, §509; Code 1867, §4059; Code 1876, §4729; Code 1886, §4231; Code
1896, §4627; Code 1907, §6730; Code 1923, §3843; Code 1940, T. 15, §363.)...
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28-4-136
Section 28-4-136 Penalties for violations of provisions of article by railroad companies, express
companies, etc.; duties of district attorney in cases of grand jury indictments. (a) Any railroad
company, express company or other carrier or any person or corporation violating any of the
provisions of this article or failing to comply with any requirements thereof shall be guilty
of a misdemeanor, punishable by a fine of not less than $50.00 nor more than $500.00, to which,
at the discretion of the court, may be added imprisonment in the county jail or confinement
at hard labor for the county for not more than six months for the first conviction. On the
second and every subsequent conviction of a violation of any provisions of this article, the
offense shall, in addition to a fine within the limitations above named, be punishable by
imprisonment in the county jail or at hard labor for the county for not less than three nor
more than six months, to be imposed by the court. (b) It shall...
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28-4-317
Section 28-4-317 Grand jury proceedings generally - Offenses as to which witnesses may be required
to testify; initial interrogation of witnesses to particular offense not required. The witnesses
before the grand jury to give evidence may be required to answer generally as to any offense
against the laws of Alabama for the promotion of temperance and the suppression of intemperance
committed within their knowledge during the 12 months next preceding or as to any violation
within said time of any law of the state prohibiting the manufacture, sale or other disposition
of any of said prohibited liquors or beverages or the maintaining of any unlawful drinking
place or liquor nuisance, and it shall not be necessary to first specially interrogate the
witnesses to any particular offenses. (Acts 1909, No. 191, p. 63; Code 1923, §4634; Code
1940, T. 29, §110.)...
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12-21-282
Section 12-21-282 Procedure for securing attendance of witness within state at criminal proceeding,
etc.; in another state; fees and allowances; effect of failure of summoned witness to attend
and testify. (a) If a judge in a court of record in any state which, by its laws, has made
provision for commanding persons within that state to attend and testify in this state certifies
under seal of such court that there is a criminal proceeding pending in such court or that
a grand jury investigation has commenced or is about to commence, that a person being within
this state is a material witness in such proceedings or grand jury investigation and that
his presence will be required for a specified number of days, upon presentation of such certificate
to any judge of a court of record in the county in which such person resides or the county
in which such person is found if he is not a resident of this state, such judge shall fix
a time and place for a hearing, and shall make an order...
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36-11-3
Section 36-11-3 Investigations of alleged misconduct or incompetency of public officers by
grand juries; disposition of grand jury reports. It shall be the duty of every grand jury
to investigate and make diligent inquiry concerning any alleged misconduct or incompetency
of any public officer in the county which may be brought to its notice; and, if, on such investigation
and inquiry, it finds that such officer, for any cause mentioned in this chapter, ought to
be removed from office, it shall so report to the court, setting forth the facts, which report
shall be entered on the minutes of the court. If the officer so reported against is one of
those included in Section 174, Article 7, of the constitution, the clerk of the court shall
transmit a certified copy of such report to the Attorney General. If the officer so reported
against is the presiding judge of the court, the report must not be made to the court or entered
on the minutes; and, in such cases, the report of the grand jury...
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12-16-10
Section 12-16-10 Provision of lodging and meals for jurors, etc., when jury kept together without
separation overnight, etc.; presumption as to separation of jurors on basis of sex. Whenever
a jury is, by order of the court, kept together without separation during any night or for
any unusual length of time, it is the duty of the sheriff, with the approval of the court,
at the expense of the state, to provide for the jurors and the bailiffs or deputy sheriffs
in charge of or attending said jury suitable lodging and meals. If a jury composed of both
men and women is kept together overnight, separate lodging shall be provided for jurors of
each sex. A separation solely by reason of sex, while in the custody of bailiffs or deputy
sheriffs, shall not create a presumption of prejudice to an accused, but on the contrary it
shall be prima facie presumed that the accused was not prejudiced by reason of the separation
of the jury by sexes. (Code 1876, §4887; Code 1886, §4452; Code 1896,...
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12-16-191
Section 12-16-191 Duty of grand juries as to condition of county jail, etc. It shall be the
duty of the grand jury to determine at least once annually the condition of the county jail
in regard to its sufficiency for the safekeeping of prisoners and their accommodation and
health and to inquire into the manner in which the same has been kept since the last determination.
The determination may include a personal inspection and a review of all inspection records
of the jail. If it shall be found that such jail is not constructed in the manner prescribed
by law and so strongly and securely built as to prevent the escape of prisoners confined therein
and properly ventilated, the grand jury shall, as often as may be necessary, present its findings
to the district attorney, sheriff and county commission for appropriate action. (Code 1852,
§§544, 772; Code 1867, §§906, 4094; Code 1876, §§825, 4767; Code 1886, §4341; Code
1896, §5026; Code 1907, §7287; Code 1923, §8669; Code 1940, T....
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12-16-74
Section 12-16-74 Hearing of excuses, claims of exemptions, etc.; drawing, swearing and empaneling
of grand and petit jurors. The court shall require the names to be called from the venire
list of all persons who have been served with a summons to appear in court that day for service
as jurors and whose service has not been previously excused or postponed. The court may hear
any excuses not previously heard and shall pass upon the qualifications of those in attendance
for grand jury service. The court may in any case, including capital cases, excuse or postpone
the service of any prospective juror outside the presence of the parties and their counsel
in accordance with the provisions for excusal contained in Section 12-16-63. If a grand jury
is to be empaneled, the court shall draw from the venire list on a random basis the names
of 18 persons qualified and in attendance who shall be sworn and empaneled as the grand jury.
If a petit jury is also to be empaneled, all qualified persons...
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12-21-245
Section 12-21-245 Subpoena of witnesses - Authority of district attorney. The district attorney
also has authority to issue subpoenas for witnesses on the part of the state, to appear either
before the grand jury or before any court in his circuit. (Code 1852, §664; Code 1867, §4216;
Code 1876, §4921; Code 1886, §4459; Code 1896, §5283; Code 1907, §7880; Code 1923, §5618;
Code 1940, T. 15, §293.)...
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