13A-10-104
Section 13A-10-104 Perjury prosecution for inconsistent statements; highest degree of perjury
for which conviction may be had. (a) Where a person has made statements under oath which are
inconsistent to the degree that one of them is necessarily false, each having been made within
the jurisdiction of this state and within the period of the statute of limitations, the prosecution
may proceed by setting forth the inconsistent statements in a single count alleging in the
alternative that one or the other was false and not believed by the defendant to have been
true when made. In such case, it shall not be necessary for the prosecution to prove which
statement was false, but only that one or the other was false and not believed by the defendant
to be true. (b) The highest degree of perjury of which the defendant may be convicted shall
be determined by hypothetically assuming each statement to be false and perjurious. If perjury
of the same degree would be established by the making of each...
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13A-10-107
Section 13A-10-107 When retraction of false statement bar to perjury conviction. No person
shall be convicted of perjury if he retracted his false statement in the course of the same
proceeding in which it was made before it became manifest that the falsification was or would
be exposed. Statements made in separate hearings at separate stages of the same trial or administrative
proceeding shall be deemed to have been made in the course of the same proceeding. The burden
of injecting the issue of retraction is on the defendant, but this does not shift the burden
of proof. (Acts 1977, No. 607, p. 812, §4925.)...
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13A-10-108
Section 13A-10-108 Irregularities no defense to perjury prosecution. It is no defense to prosecution
for perjury: (1) That the oath was administered in an irregular manner. (2) That there was
some irregularity in the appointment or qualification of the person who administered the oath,
if the taking of the oath was required or authorized by law. (3) That the document was not
sworn to if the document contains a recital that it was made under oath, the declarant was
aware of the recital when he signed the document and the document contains the signed jurat
of a public servant authorized to administer oaths. (4) That the defendant mistakenly believed
the false statement to be immaterial. (5) That the statement was inadmissible under the law
of evidence. (Acts 1977, No. 607, p. 812, §4930.)...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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11-65-10
Section 11-65-10 Powers and duties of commission. When authorized by one or more elections
as provided in Section 11-65-4, a commission shall have the powers and duties necessary to
license, regulate, and supervise horse racing and pari-mutuel wagering thereon and greyhound
racing and pari-mutuel wagering thereon within the commission municipal jurisdiction, including,
without limiting the generality of the foregoing, the powers and duties hereinafter set forth
in this section or in other sections of this chapter. (1) A commission shall have succession
in perpetuity, subject only to the provisions of this chapter as it may be amended from time
to time. (2) A commission shall have the power to sue and be sued in its own name in civil
suits and actions and to defend suits against it. (3) A commission shall have the power to
adopt and make use of an official seal and to alter the same at pleasure. (4) A commission
shall have the power to adopt, alter, and repeal bylaws, regulations and...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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13A-10-100
Section 13A-10-100 Definitions. (a) The definitions in Sections 13A-10-1 and 13A-10-60 are
applicable in this article unless the context otherwise requires. (b) The following definitions
are also applicable in this article: (1) SWEARS FALSELY and FALSE SWEARING. The making of
a false statement under oath required or authorized by law, or the swearing or affirming the
truth of such statement previously made, which the declarant does not believe to be true.
A false swearing in a subscribed written instrument shall not be deemed complete until the
instrument is delivered by its subscriber, or by someone acting in his behalf, to another
person with intent that it be uttered or published as true. (2) MATERIAL. A statement is "material,"
regardless of the admissibility of the statement under the rules of evidence, if it could
have affected the course or outcome of the official proceeding. It is no defense that the
declarant mistakenly believed the falsification to be immaterial. Whether a...
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13A-2-25
Section 13A-2-25 Criminal liability based upon behavior of another - Certain defenses not available.
In a prosecution for an offense in which criminal liability is based upon the behavior of
another person pursuant to this article, it is no defense that: (1) Such other person has
not been prosecuted for or convicted of any offense based upon the behavior in question, or
has been previously acquitted thereof, or has been convicted of a different offense or degree
of offense. (2) The defendant belongs to a class of persons who, by definition of the offense,
are legally incapable of committing the offense in an individual capacity. (Acts 1977, No.
607, p. 812, §425.)...
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13A-9-42
Section 13A-9-42 False advertising. (a) A person commits the crime of false advertising if,
in connection with the promotion of a sale, transfer, consumption or use of property or services,
he makes or causes to be made a false or misleading statement in any advertisement addressed
to the public or to a substantial number of persons. (b) It is a defense to a prosecution
under this section if the actor acts neither knowingly nor recklessly in making the false
or misleading statement or in causing it to be made. The burden of injecting the issue is
on the defendant, but this does not shift the burden of proof. (c) False advertising is a
Class B misdemeanor. (Acts 1977, No. 607, p. 812, §4110.)...
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34-22-6
Section 34-22-6 Violations; penalties; assistance in prosecutions; costs and attorney fees;
venue. (a) It shall be unlawful for any person to perform any of the following: (1) Practice
optometry in this state without having a valid, unrevoked, and unexpired license certificate
and annual renewal registration certificate as an optometrist. (2) Use or attempt to use as
his or her own a diploma of an optometric school or college or a license of another person,
or a forged diploma or license, or any forged or false identification. (3) Sell or offer to
sell a diploma conferring an optometric degree or a license granted pursuant to this chapter
or prior optometric practice laws, or to procure each diploma or license with intent that
it shall be used as evidence of the right to practice optometry by a person other than the
one upon whom it was conferred or to whom the license was granted, or with fraudulent intent
to alter the diploma or license or to use or attempt to use it when it is so...
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