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13A-8-122
Section 13A-8-122 Possession of certain devices constitutes prima facie evidence of intent
to violate article. In a prosecution for a violation of this article, the existence on the
property and in the actual possession of the defendant of (1) any connection, wire conductor
or any device whatsoever, which is connected in such a manner as would permit the receipt
of cable television service without such service being reported for payment to and specifically
authorized by the cable television company or (2) the existence on the property and in the
actual possession of the defendant, where the totality of the circumstances, including quantities
or volumes, surrounding the defendant's arrest indicate possession for resale, of any device
designed in whole or in part to facilitate the performance of any of the illegal acts set
out in Section 13A-8-121, shall constitute prima facie evidence of the defendant's intent
to violate the provisions of this article. (Acts 1986, No. 86-228, p. 335,...
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13A-12-28
Section 13A-12-28 Prima facie proof of gambling offenses. (a) Proof of possession of any gambling
device, as defined by subdivision (5) of Section 13A-12-20 or any gambling record specified
in Sections 13A-12-24 and 13A-12-25 is prima facie evidence of possession thereof with knowledge
of its character or contents. (b) In any prosecution under this article in which it is necessary
to prove the occurrence of a sporting event, (1) a published report of its occurrence in any
daily newspaper, magazine or other periodically printed publication of general circulation,
or (2) evidence that a description of some aspect of the event was written, printed or otherwise
noted at the place in which a violation of this chapter is alleged to have been committed,
shall be admissible in evidence and shall constitute prima facie proof of the occurrence of
the event. (Acts 1977, No. 607, p. 812, §6130.)...
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40-17-350
Section 40-17-350 Transportation of motor fuel; inspections. (a) Each person operating a refinery
or terminal in Alabama shall prepare and provide to the driver of every highway vehicle receiving
motor fuel at the facility a shipping document setting out on its face the destination state
as represented to the terminal operator by the shipper or the shipper's agent. Failure to
comply with this subsection may result in a department imposed penalty of not less than five
hundred dollars ($500) nor more than one thousand dollars ($1,000), to be multiplied by the
sum of the current violation plus prior violations of this subsection. (b) Every person transporting
motor fuel in Alabama in a highway vehicle other than in its supply tank shall carry on board
a shipping document issued by the facility where the motor fuel was obtained. The shipping
document shall set out on its face the state of destination of the motor fuel transported
in the highway vehicle. Violation of this subsection...
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2-1-3
Section 2-1-3 Prima facie evidence of possession with intent to sell. The having in possession
of any article, substance, material or product, the sale of which is regulated under the provisions
of this title or any other provision of this Code or other statute which the Commissioner,
Department or Board of Agriculture and Industries is authorized or directed to administer
or enforce, by any person who manufactures, sells, keeps for sale, offers or exposes for sale,
serves, distributes or delivers the same shall be prima facie evidence of having in possession
with intent to sell, except, that this section or any of the penalties set forth in this title
or other such statute shall not apply to any common carrier when said article, substance,
material or product was received by said carrier for transportation in the ordinary course
of business and without actual knowledge of the adulteration, misbranding or under standard
grade, weight or measure claimed. (Ag. Code 1927, §3; Code 1940,...
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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor and
general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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28-4-55
Section 28-4-55 Allowance, etc., of operation, etc., of still, etc., upon premises by another.
It shall be unlawful for any person, firm or corporation to permit or allow anyone to have,
possess, operate or locate on his premises any apparatus, plant or structure for the distilling
or manufacturing of prohibited liquors or beverages or any of them. When such apparatus, plant
or structure is found upon said premises, the fact shall be prima facie evidence that the
tenant or owner in actual possession of the premises has knowledge of the existence of the
same and of the purpose for which the same were to be used. Upon conviction of permitting
or allowing the same to be upon his premises, such tenant or owner shall be punished by a
fine of not less than $50.00 nor more than $500.00 and may also be imprisoned in the county
jail or sentenced to hard labor for the county for not more than six months for the first
conviction, at the discretion of the court. On the second and every subsequent...
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9-11-148
Section 9-11-148 Game fish taken to be returned to waters; possession of game fish by commercial
fishermen. Should any species of fish designated by the laws or regulations of this state
as game fish be taken from the public impounded waters or navigable streams of this state
by the use of commercial fishing gear, such fish, without injury, shall be immediately returned
to the waters from whence they were taken. The possession by commercial fishermen of any of
such fish shall constitute a violation of the provisions of this article, and such possession
by such commercial fishermen shall be prima facie evidence of the fact that such fish were
taken by the use of commercial fishing gear. (Acts 1953, No. 784, p. 1069, §6.)...
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13A-6-143
Section 13A-6-143 Arrest for violation of article. A law enforcement officer may arrest any
person for the violation of this article if the officer has probable cause to believe that
the person has violated any provision of a valid domestic violence protection order, whether
temporary or permanent. The presentation of a domestic violence protection order constitutes
probable cause for an officer to believe that a valid order exists. For purposes of this article,
the domestic violence protection order may be inscribed on a tangible copy or may be stored
in an electronic or other medium if it is retrievable in a detectable form. Presentation of
a certified copy of the domestic violence protection order is not required for enforcement
or to allow a law enforcement officer to effect a warrantless arrest. If a domestic violence
protection order is not presented to or otherwise confirmed by a law enforcement officer,
the officer may consider other information in determining whether there is...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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