Code of Alabama

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12-21-220
Section 12-21-220 Right of defendant to be witness; effect of prosecution's comment on defendant's
failure to testify. On the trial of all indictments, complaints or other criminal proceedings,
the person on trial shall, at his own request, but not otherwise, be a competent witness,
and his failure to make such a request shall not create any presumption against him nor be
the subject of comment by counsel. If the district attorney makes any comment concerning the
defendant's failure to testify, a new trial must be granted on motion filed within 30 days
from entry of the judgment. (Code 1886, §4473; Code 1896, §5279; Code 1907, §7894; Code
1923, §5632; Code 1940, T. 15, §305; Acts 1949, No. 124, p.150.)...
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12-22-173
Section 12-22-173 Waiver of stayed sentence; duty of clerk; effect on appeal. In all cases
where there is judgment staying sentence, at any time before the record on appeal has been
forwarded to the clerk of the appellate court, the defendant, in person or by his attorney,
may waive the benefit of the stayed sentence by filing in the office of the clerk of the court
in which the case was tried a statement in writing to that effect, signed by himself or his
attorney of record. The clerk must then enter the fact and date of such waiver of stay of
sentence upon the margin of the record of the judgment and shall report said convict to the
board of corrections as in cases where there is no judgment or stay of sentence, but such
waiver of the stay shall not affect the appeal. (Code 1923, §3242; Code 1940, T. 15, §373.)...

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27-13-43
Section 27-13-43 Review of final orders of commissioner. Any final order made by the commissioner
as provided by law may, upon appropriate petition filed by the Attorney General on behalf
of the state or by any interested party, at any time within 30 days from the date of said
order, be reviewed by the Circuit Court of Montgomery County, Alabama, on a writ of certiorari.
Upon the filing of such petition, the petitioner shall file with the register or clerk of
said court a bond, with good and sufficient sureties, to be approved by the register or clerk,
conditioned to pay all costs which may be assessed against the petitioner in such proceedings.
The Circuit Court of Montgomery County, Alabama, or the Court of Civil Appeals of Alabama,
on appeal to it, may affirm said order or modify or repeal the same, in whole or in part.
From the judgment of the Circuit Court of Montgomery County, Alabama, either the state or
the interested party taking the appeal may appeal directly to the Court of...
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27-13-81
Section 27-13-81 Review of final orders of commissioner. Any final order made by the commissioner
as provided by law may, upon appropriate petition filed by the Attorney General on behalf
of the state or by any interested party at any time within 30 days from the date of said order,
be reviewed by the Circuit Court of Montgomery County, Alabama, on a writ of certiorari. Upon
the filing of such petition, the petitioner shall file with the register or clerk of said
court a bond, with good and sufficient sureties, to be approved by the register or clerk,
conditioned to pay all costs which may be assessed against the petitioner in such proceedings.
The Circuit Court of Montgomery County, Alabama, or the Court of Civil Appeals of Alabama,
on appeal to it, may affirm said order or modify or repeal the same, in whole or in part.
From the judgment of the Circuit Court of Montgomery County, Alabama, either the state or
the interested party taking the appeal may appeal directly to the Court of...
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32-5-316
Section 32-5-316 Courts may prohibit operation of motor vehicles by persons convicted of violation
of automobile laws. Whenever a defendant is convicted by any court of competent jurisdiction
of operating a motor vehicle in violation of any criminal statute or ordinance, the court
trying the case, in its discretion, may, in addition to the other punishment fixed by law,
enter an order forbidding such person to drive a motor vehicle upon any street or highway
in the State of Alabama for a period to be specified by the court, or perpetually, as the
court may determine. Any person driving a motor vehicle in violation of such an order of court
shall be guilty of a misdemeanor. Any defendant against whom such an order has been entered
shall have the same right of appeal and supersedeas as is now granted him or her with reference
to the sentence of the court imposing punishment fixed by law, and the appellate court shall
have the right to modify or annul the order forbidding the operation by...
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36-19-13
Section 36-19-13 Appeal from decision of circuit court to Court of Civil Appeals. Any owner
or occupant who feels himself aggrieved by any such order or affirmed order may, within 10
days after the making or affirming of any such order by the circuit court, file his appeal
with the Court of Civil Appeals, to review such order or judgment. Such parties as shall file
an appeal in the Court of Civil Appeals to review such order shall file with said court a
bond in an amount to be fixed by said court, with at least two sufficient sureties, to be
approved by the court, conditioned to pay all the costs on such appeal in case such appellant
fails to sustain the said appeal or same is dismissed for any cause. (Acts 1919, No. 701,
p. 1013, §8; Code 1923, §969; Code 1940, T. 55, §41.)...
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9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations; hearings;
entry of orders by director; appeals from orders of director. (a) Whenever the director determines
that any operator has not complied with the provisions of this article and is therefore in
violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of such...
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28-4-287
Section 28-4-287 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending condemnation action; proceedings upon failure of defendant or claimant to deliver
said vehicle, etc., upon entry of judgment of condemnation. Whenever a conveyance, vehicle
of any kind or animal used in drawing the same is seized by an officer of the state under
the prohibition laws of this state, the defendant in the proceedings or the claimant of the
property shall have the right to execute a bond in double the value of such property or of
any item thereof, with good and sufficient surety, to be approved by the sheriff or the register
or clerk of the circuit court and conditioned, in the event the said property is condemned,
to deliver the same to the sheriff within 15 days from the date of such judgment of condemnation
and to pay any difference between the value of said property at the time of the seizure and
the time of the delivery to the sheriff after condemnation, such...
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30-4-62
Section 30-4-62 Release of defendant on probation by circuit court; authority of juvenile court
as to probationer. In the event the appeal goes to the circuit court and the defendant shall
be sentenced to jail or hard labor for the county by the circuit court, he shall be remanded
to jail to answer said judgment, and in the event that such judgment and sentence is suspended
and the defendant is released on probation, the court shall inform him as to his duties under
such probation order, and cause the probation bond provided for in this article to be filed
with the clerk of the probate, domestic relations or juvenile court, and said bond shall thereafter
be subject to forfeiture as if filed originally in said probate, domestic relations or juvenile
court as provided for in this article. Upon the entry of such judgment, said circuit court
shall cause to be filed with the clerk of the juvenile court a copy of its judgment, which,
when so filed, shall thereupon become also the judgment of...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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