The Birmingham age-herald., 1919-01-01
Practice and Procedure

| intent, the intent of the defendant Is declared to be the gst of the offense,
 and there shall be no conviction, as
 charged in such cases, unless the jury
 find from the evidence that the defend ant entertained the specific intent charged at the time of the commission of the assault; and courts shall so charge the turies.
 6. In cases of trial by jury where the jury is authorized to assess a fine, no court or judge shall fix additional pun ishment to that authorized by the yer
 dict of the jury.
 T. On application by any defendant charged with an offense in the circuit or county court, the judge of such court must issue an order and cause to be pro- duced at the trial, any person confined 1 in the penitentiary, or in any prison or convict camp of this state, who may be desired as witness for the defendant on | the trial.
 | clared to be mandatory, and all judges. | attorneys and officers of court are | charged with the duty of giving them | effect.
 l g. All laws and parts of laws, general. | special or local, in conflict with this act are repealed.
 A D1lI 10 De pnllllcu 1tl dSl tS pSS|Si 1 secure the due process of law in certain l judicial proceedings.
 l Be it enacted by the legislature of Ala bama:
 1. That whenever any proceedings IS 1 commenced before any court, or judge 1 thereof. in this state, the purpose of which is to cause the Imprisonment, de- | tention against his will, or deprivation I of the liberty of any person (excepting i,, ,rIriC l. tempts committed in the presence of a court and proceedings before grand
 jures) information in writing of the na-
 ture and cause of such proceeding shall 1 be given the defendant, which in cr1mi- | nal cases shall consist in the personal
 service on him by the sheriff or other executive officer of a copy of the com plaint or accusation, at the time of hi: arrest or incarceration in jail And ir civil proceedings by notice to be per sonally served on the defendant by the sheriff or other executive officer, whether
 he is in custody or not which latter mo- tice shall set forth the substance of the complaint. application or charge, and the
 designation and location of the court ir which such proceedings are pending, ant the day, date and hour at which same
 is to be heard Such notice, in either case, shall be served on the defendant
 not less than five days prior to the date | on which the cause or proceeding is ts 1 be heard.
 l In any such proceeding the defendant
 shall have the right to be heard by him. self and counsel or either; to be con- I fronted by the witnesses against him; to
 have compulsory process for obtaining witnesses in his favor to testify in al cases, if he elects to do so; to demand ] a trial by jury and to be present al l such trial, which shall be speedy ant
 public
 | 2 The provisions of this act are de cared to be mandatory. and any f1na order, judgment or decree rendered by any court, a judge thereof tunles: within the exceptions herein set forth
 whereby any person is to be imprisoned detained against his will or deprived o his liberty, without compliance there
 with, shall be void.
 8. All laws and parts of laws, genera special or local, in conflict with thi
 act are hereby expressly repealed. And this act shall not be amended, modified or altered except by reference to it: title.