reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-24 - Bond on Appeal of Order Removing Executor or Administrator.

Section 12-22-24
Bond on appeal of order removing executor or administrator.
(a) No appeal can be taken from any order of the probate court removing an executor or administrator unless the applicant gives either a cash bond or a bond with at least two good and sufficient sureties, payable to the probate judge and in the amount fixed by him, not less than the amount of his bond as executor or administrator, conditioned to prosecute the appeal to effect and, until the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof may be ordered forfeited for costs, or, if other than a cash bond was given, execution for costs may issue against him and the sureties on such bond, their names being certified with the record to the appellate court.
(c) Such bond also stands as security for the faithful discharge of his duties as such executor or administrator, from the time the same is approved until the appeal is finally decided.
(Code 1852, §§1895-1897; Code 1867, §§2254-2256; Code 1876, §§3964-3966; Code 1886, §§3644-3646; Code 1896, §§461-463; Code 1907, §§2859-2861; Code 1923, §§6118-6120;Code 1940, T. 7, §§779-781.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-25 - Security for Costs of Appeal.

Section 12-22-25
Security for costs of appeal.
In all other cases in which an appeal is taken under the provisions of this division, the appellant, or someone for him, must give security for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit court, as the case may be, and the names of such sureties must be certified with the record to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite. If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered against him for a less amount than the judgment of the court from which the appeal is taken, execution may issue against him and such sureties for the costs of the appeal.
(Code 1852, §1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907, §2862; Code 1923, §6121; Code 1940, T. 7, §782.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-26 - Appeals by Next Friends or Guardians of Minors or Persons of Unsound Mind.

Section 12-22-26
Appeals by next friends or guardians of minors or persons of unsound mind.
The next friend or general guardian of a minor or of a person of unsound mind may, in the name of such minor or person of unsound mind, take and prosecute an appeal from any final decree of the probate court or from any judgment, order or decree of the probate judge, on giving security for the costs of the appeal; but a guardian ad litem may take and prosecute an appeal without giving any security for costs of the appeal and shall not be liable personally for costs of the appeal.
(Code 1867, §2258; Code 1876, §3968; Code 1886, §3651; Code 1896, §468; Code 1907, §2866; Code 1923, §6125; Code 1940, T. 7, §786.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 2 - Appeals From Probate Court. › Section 12-22-27 - Reimbursement of Costs From Estate of Testator, Etc.

Section 12-22-27
Reimbursement of costs from estate of testator, etc.
The costs of an appeal, when paid by an executor or administrator, guardian or guardian ad litem, or next friend or an administrator ad litem, may, in the discretion of the probate judge, be reimbursed from the estate of the testator, intestate, infant or person of unsound mind.
(Code 1852, §1899; Code 1867, §2259; Code 1876, §3969; Code 1886, §3652; Code 1896, §469; Code 1907, §2867; Code 1923, §6126; Code 1940, T. 7, §787.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 3 - Bonds and Security for Costs on Appeal. › Section 12-22-40 - Recording of Order Fixing Supersedeas Bond; Failure to Make or Record Same.

Section 12-22-40
Recording of order fixing supersedeas bond; failure to make or record same.
The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant to the Alabama Rules of Appellate Procedure, must be filed and entered by the clerk or register on the minutes of the court, but the failure to make such order or, if made, to file or record the same shall not impair the validity or obligation of any bond which is given as a security by which an appeal and a stay of execution are in fact obtained.
(Code 1852, §3020; Code 1867, §3490; Code 1876, §3928; Code 1886, §3626; Code 1896, §443; Code 1907, §2876; Code 1923, §6135; Code 1940, T. 7, §796.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 3 - Bonds and Security for Costs on Appeal. › Section 12-22-41 - Liability to Appellee for Taking Insufficient Surety.

Section 12-22-41
Liability to appellee for taking insufficient surety.
For taking insufficient surety, the clerk, register or probate judge is liable to the appellee for the damages thereby sustained, unless the surety was generally reputed good for the amount when he was received; but the clerk, register or probate judge is not required to receive anyone as surety who refuses to answer on oath as to his sufficiency.
(Code 1852, §3021; Code 1867, §3491; Code 1876, §3929; Code 1886, §3630; Code 1896, §447; Code 1907, §2880; Code 1923, §6139; Code 1940, T. 7, §800.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 4 - Record on Appeal. › Section 12-22-60 - Liability of Clerk, Register or Probate Judge for Delayed or Defective Record.

Section 12-22-60
Liability of clerk, register or probate judge for delayed or defective record.
If, by reason of negligence or delay of the clerk, register or probate judge, the record on appeal is not delivered to the clerk of the appellate court in time to be filed or if the record on appeal is so defective that the appellate court cannot proceed thereon, the clerk, register or probate judge forfeits to the party aggrieved the sum of $200.00 and is further liable to him, in an action on the case, for all damages sustained by his neglect or delay.
(Code 1852, §3028; Code 1867, §3496; Code 1876, §3937; Code 1886, §3636; Code 1896, §453; Code 1907, §2850; Code 1923, §6109; Code 1940, T. 7, §772.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-70 - Procedure Upon Reversal of Judgment or Decree.

Section 12-22-70
Procedure upon reversal of judgment or decree.
The appellate court may, upon the reversal of any judgment or decree, remand the same for further proceedings or enter such judgment or decree as the court below should have entered or rendered, when the record enables it to do so.
(Code 1852, §3034; Code 1867, §3502; Code 1876, §3943; Code 1886, §3658; Code 1896, §475; Code 1907, §2890; Code 1923, §6149; Code 1940, T. 7, §810.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-71 - Proceedings When Only Amount of Judgment Excessive.

Section 12-22-71
Proceedings when only amount of judgment excessive.
When an appeal is taken to the appropriate appellate court from the judgment of any court and the appellate court shall be of the opinion that the case should be reversed because the judgment of the lower court is excessive and that there is no other ground of reversal, the appellate court shall notify the appellee of the amount which it deems in excess of the just and proper amount of recovery and require the appellee, within a time to be stated in said notice, to remit such amount upon penalty of a reversal of the case. If the appellee does not, within the time stated in such notice or within such further time as may be granted by the court for good reason file a remittitur of such excessive amount, the appellate court shall reverse and remand the case; but, if the appellee shall file with the court a remittitur of the amount deemed excessive by the court, the appellate court shall reduce the amount of the judgment accordingly and shall affirm the case and enter a judgment for such reduced amount, which judgment so entered shall be and remain the judgment of the lower court and shall date back to the time of the entry or rendition of the judgment in the lower court.
(Acts 1915, No. 542, p. 610; Code 1923, §6150; Code 1940, T. 7, §811.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-72 - Affirmation of Stayed Judgment - Generally.

Section 12-22-72
Affirmation of stayed judgment - Generally.
When a judgment or decree is entered or rendered for money, whether debt or damages, and the same has been stayed on appeal by the execution of bond, with surety, if the appellate court affirms the judgment of the court below, it must also enter judgment against all or any of the obligors on the bond for the amount of the affirmed judgment, and the costs of the appellate court; and, upon the appeal of any judgment or decree entered or rendered for any amount of commissions, fees or compensation fixed or determined by the trial court and taxed or allowed as costs, if the appellate court affirms the judgment or decree of the court below and the payment thereof has been stayed on such appeal, judgment shall be entered by the appellate court against all or any of the obligors on the bond for the amount affirmed, and the costs of the appellate court; provided, however, that if no supersedeas bond has been executed on such appeal, the appellate court, in the event of affirmance, shall increase the amount so allowed as costs by the court below in the judgment or decree appealed from by adding thereto the costs of the appellate court.
(Code 1852, §§3032, 3033; Code 1867, §§3500, 3501; Code 1876, §§3941, 3942; Code 1886, §§3661, 3662; Code 1896, §478; Code 1907, §2893; Code 1923, §6153; Code 1940, T. 7, §814; Acts 1951, No. 724, p. 1275; Acts 1987, No. 87-188, p. 259,§1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-73 - Affirmation of Stayed Judgment - Right of Property.

Section 12-22-73
Affirmation of stayed judgment - Right of property.
When an appeal is taken on a trial of the right of property and the judgment is stayed by the execution of a supersedeas bond, if the appellate court affirms the judgment of the court below, it must also enter judgment against the obligors in said bond for the amount of the costs of the appellate court.
(Code 1852, §3024; Code 1867, §3494; Code 1876, §3935; Code 1886, §3663; Code 1896, §479; Code 1907, §2894; Code 1923, §6154; Code 1940, T. 7, §815; Acts 1987, No. 87-188, p. 259, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-73.1 - Applicability of 1987 Amendment to Sections 12-22-72 and 12-22-73.

Section 12-22-73.1
Applicability of 1987 amendment to Sections 12-22-72 and 12-22-73.
On the effective date of Act No. 87-188 [June 11, 1987], the provisions contained therein shall apply to all causes of action not yet filed, any lawsuit upon which any judgment has not been rendered and/or all judgments which have not been affirmed by an appropriate appellate court and had a 10 percent penalty assessed as so provided by Section 12-22-72 and/or Section 12-22-73.
(Acts 1987, No. 87-188, p. 259, §3; Acts 1988, 1st Sp. Sess., No. 88-918, p. 512, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-74 - Affirmation of Stayed Judgment - Recovery of Chattels in Specie.

Section 12-22-74
Affirmation of stayed judgment - Recovery of chattels in specie.
Upon the affirmance of a judgment for the recovery of chattels in specie, judgment for which has been stayed by the execution of a supersedeas bond, the court must also enter judgment against the obligors in said bond for 10 percent of the alternative value of such property as fixed by the court below, and the damages fixed for the detention thereof.
(Code 1852, §3027; Code 1867, §3495; Code 1876, §3936; Code 1886, §3664; Code 1896, §480; Code 1907, §2895; Code 1923, §6155; Code 1940, T. 7, §816.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-75 - Execution Upon Dismissal of Appeal or Affirmation of Judgment, Etc.

Section 12-22-75
Execution upon dismissal of appeal or affirmation of judgment, etc.
When an appeal shall be prosecuted from a judgment to the appropriate appellate court and such appeal is dismissed or the judgment is affirmed, upon a certificate of judgment of the appellate court being filed in the office of the clerk of the court from which the case was originally appealed, execution may issue and other proceedings be had thereon in all respects as if no appeal had been prosecuted.
(Code 1923, §6092; Code 1940, T. 7, §747.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 1 - General Provisions › Division 5 - Disposition of Appeals. › Section 12-22-76 - Execution by Lower Courts for Unpaid Costs.

Section 12-22-76
Execution by lower courts for unpaid costs.
Clerks of the circuit court and probate judges, when cases have been taken from their respective courts to an appellate court by appeal or other lawful mode and been there decided, if the costs accruing in such lower courts for transcripts, or otherwise, are not paid by the parties against whom they were adjudged in the appellate court, may issue executions for costs, returnable into the court in which such costs accrued.
(Code 1867, §3511; Code 1876, §3952; Code 1886, §3639; Code 1896, §456; Code 1907, §2854; Code 1923, §6113; Code 1940, T. 7, §752.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 1 - General Provisions. › Section 12-22-90 - Appeals in Habeas Corpus.

Section 12-22-90
Appeals in habeas corpus.
(a) Any party aggrieved by the judgment on the trial of a habeas corpus may appeal to the appropriate appellate court.
(b) The district attorney or other prosecuting officer or attorney may take an appeal on behalf of the state to the appropriate appellate court when, on habeas corpus, any person held in custody under a charge or conviction for crime or for extradition as a fugitive from justice from any other state is discharged from custody or when any person held in custody under an indictment by the grand jury charging him with a capital offense is admitted to bail. In all such cases the judgment must be stayed pending the appeal.
(c) Pending the appeal, the person restrained shall be admitted to bail, with sufficient sureties, conditioned that he will appear before such court or officer as may be prescribed by the judge and abide the judgment entered, provided such person is charged with an offense that is bailable under the laws of this state and is not a prisoner serving his sentence and the judgment appealed from is not a judgment denying his application for bail.
(Code 1896, §4314; Code 1907, §6245; Code 1923, §3238; Acts 1927, No. 113, p. 76; Acts 1936, Ex. Sess., No. 122, p. 81; Code 1940, T. 15, §369; Acts 1949, No. 57, p. 81; Acts 1955, No. 60, p. 294.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 1 - General Provisions. › Section 12-22-91 - Appeal When Statute Under Which Prosecution Preferred Held Unconstitutional.

Section 12-22-91
Appeal when statute under which prosecution preferred held unconstitutional.
In all criminal cases when the act of the Legislature under which the indictment or information is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf of the state to the Supreme Court, which appeal shall be certified as other appeals in criminal cases, and the clerk must transmit, without delay, the record on appeal and the notice of appeal to the Supreme Court.
(Code 1886, §4515; Code 1896, §4315; Code 1907, §6246; Code 1923, §3239; Code 1940, T. 15, §370.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 1 - Appeals to Circuit Courts. › Section 12-22-111 - Issuance, Execution and Return of Subpoenas for Witnesses; Liability of Witnesses Failing to Appear.

Section 12-22-111
Issuance, execution and return of subpoenas for witnesses; liability of witnesses failing to appear.
In cases of appeal, the clerk of the court shall issue subpoenas for such witnesses as may be required, both for the state and for the accused, returnable to the next session of the court to which the appeal is taken, which subpoenas shall be executed by the sheriff and returned to such circuit court. If witnesses so summoned fail to appear and testify as required, they shall be liable to the same penalties, forfeitures and proceedings as if the subpoenas had been issued out of the circuit court.
(Code 1852, §506; Code 1867, §4056; Code 1876, §4726; Code 1886, §4228; Code 1896, §4624; Code 1907, §6727; Code 1923, §3840; Code 1940, T. 15, §360.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 1 - Appeals to Circuit Courts. › Section 12-22-112 - Liability of Defendant Failing to Appear; Warrant of Arrest.

Section 12-22-112
Liability of defendant failing to appear; warrant of arrest.
(a) If the defendant fails to appear at the circuit court as required by the appeal bond, he shall be liable to the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court, and a new warrant of arrest may issue from that court without any other authority therefor.
(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when the defendant is arrested, he must be dealt within all respects as if the arrest had been made on capias from the circuit court.
(Code 1852, §§507, 508; Code 1867, §§4057, 4058; Code 1876, §§4727, 4728; Code 1886, §§4229, 4230; Code 1896, §§4625, 4626; Code 1907, §§6728, 6729; Code 1923, §§3841, 3842; Code 1940, T. 15, §§361, 362.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 1 - Appeals to Circuit Courts. › Section 12-22-113 - De Novo Trial in Circuit Court; Statement of Cause of Complaint.

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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 1 - Appeals to Circuit Courts. › Section 12-22-114 - Rules as to Evidence, etc., Governing Appeals.

Section 12-22-114
Rules as to evidence, etc., governing appeals.
On the trial of such appeals, the court shall be governed by the same rules as to evidence, practice, finding of the jury and punishment as if the case had originated in that court.
(Code 1852, §510; Code 1867, §4060; Code 1876, §4730; Code 1886, §4232; Code 1896, §4628; Code 1907, §6731; Code 1923, §3844; Code 1940, T. 15, §364.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 2 - Appeals to Supreme Court or Court of Criminal Appeals. › Section 12-22-130 - Appealing Judgment of Conviction.

Section 12-22-130
Appealing judgment of conviction.
A person convicted of a criminal offense in the circuit court or other court from which an appeal lies directly to the Supreme Court or Court of Criminal Appeals may appeal from the judgment of conviction to the appropriate appellate court.
(Code 1896, §4313; Code 1907, §6244; Code 1923, §3236; Code 1940, T. 15, §367.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 2 - Appeals to Supreme Court or Court of Criminal Appeals. › Section 12-22-131 - Review in Court of Criminal Appeals; When Appeal Taken to Wrong Court; Decision Where Conflict Over Jurisdiction.

Section 12-22-131
Review in Court of Criminal Appeals; when appeal taken to wrong court; decision where conflict over jurisdiction.
Wherever jurisdiction is now or may hereafter be conferred on the Court of Criminal Appeals, a review or revision may be had in and by the Court of Criminal Appeals in the same manner and by the same mode and means as is provided for appeal, review or revision in or by the Supreme Court. Wherever the appeal or review is taken or attempted to be taken to the Supreme Court when it should have been taken to the Court of Criminal Appeals, the Supreme Court may ex mero motu or upon motion have the case, record and proceedings transferred to the Court of Criminal Appeals for decision and disposition by the Court of Criminal Appeals; and, if the appeal or review is taken or attempted to be taken to the Court of Criminal Appeals when it should have been taken to the Supreme Court, the Court of Criminal Appeals may ex mero motu or on motion transfer the case, record and proceedings to the Supreme Court for disposition by the Supreme Court. If, however, there should be a conflict or difference of opinion between the two courts as to which has jurisdiction of the appeal or proceedings to review, the decision of the Supreme Court shall control.
(Code 1923, §3235; Code 1940, T. 15, §366.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 2 - Appeals to Supreme Court or Court of Criminal Appeals. › Section 12-22-132 - Reserving Questions of Law; Presumption That Written Charges Asked Before Jury Retired.

Section 12-22-132
Reserving questions of law; presumption that written charges asked before jury retired.
Any question of law arising in any of the proceedings in a criminal case tried in the circuit court may be reserved by the defendant, but not by the state, except as provided in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals. All written charges in the record on appeal shall be presumed to have been asked of the court before the jury retired unless shown to the contrary by notation of the trial judge of the refused charges.
(Code 1852, §751; Code 1867, §4302; Code 1876, §4978; Code 1886, §4508; Code 1896, §4312; Code 1907, §6243; Code 1923, §3234; Code 1940, T. 15, §365.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 2 - Appeals to Specific Courts. › Division 2 - Appeals to Supreme Court or Court of Criminal Appeals. › Section 12-22-133 - Retention of Jurisdiction by Trial Court.

Section 12-22-133
Retention of jurisdiction by trial court.
Where an appeal is taken from the judgment of any municipal, district or circuit court in criminal cases, the trial court retains jurisdiction for the purpose of granting a motion for a new trial and also retains jurisdiction for the purpose of enforcing its judgment where the appeal is dismissed before the judgment of the appellate court is entered.
(Code 1923, §3251; Code 1940, T. 15, §382.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 3 - Automatic Appeal From Death Sentence. › Section 12-22-150 - Duty of Trial Judge to Enter Appeal; Automatic Stay of Execution; How Appeal Governed.

Section 12-22-150
Duty of trial judge to enter appeal; automatic stay of execution; how appeal governed.
In all cases wherein a defendant is tried and convicted for the commission of a felony against the peace and dignity of the State of Alabama and the death sentence is imposed, it shall be the duty of the trial judge, immediately after the imposition of sentence, to enter of record, with or without the direction or election of the defendant, that the defendant appeals from said judgment of conviction. Upon the entry of an order of appeal from such judgment of conviction, execution of sentence shall automatically be stayed pending said appeal. Said appeal, except as otherwise provided in this division, shall in all respects be governed as provided by law and rules of court.
(Acts 1943, No. 249, p. 217, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 4 - Stays Pending Appeal. › Section 12-22-170 - Stay of Sentence When Question of Law Reserved and Admission to Bail - Felonies.

Section 12-22-170
Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered against the defendant, but execution thereof must be stayed pending the appeal and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the judge must direct the clerk of the court in which the conviction is had to admit the defendant to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance at the court, from time to time thereafter, as fixed by the court to abide such judgement as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876, §4980; Code 1886, §4511; Code 1896, §4318; Code 1907, §6249; Acts 1911, No. 114, p. 113; Acts 1911, No. 463, p. 626; Acts 1923, No. 105, p. 87; Code 1923, §3241; Code 1940, T. 15, §372; Acts 1951, No. 803, p. 1401.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 4 - Stays Pending Appeal. › Section 12-22-171 - Stay of Sentence When Question of Law Reserved and Admission to Bail - Misdemeanors.

Section 12-22-171
Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered on the conviction, but the execution thereof must be stayed pending the appeal. In such case, the defendant may give bail, with sufficient sureties, conditioned that he will appear and abide the judgment; failing to give such bail, he must be committed to jail, but may give such bail at any time pending the appeal.
(Code 1852, §754; Code 1867, §4305; Code 1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243; Code 1940, T. 15, §374.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 4 - Stays Pending Appeal. › Section 12-22-172 - Stays of Execution on Confessed Judgments in Misdemeanors.

Section 12-22-172
Stays of execution on confessed judgments in misdemeanors.
In the case of a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and costs as if no appeal were taken, but execution thereon must be stayed pending the appeal, pursuant to the Alabama Rules of Appellate Procedure. If the judgment of conviction is reversed, the confessed judgment is thereby vacated, but if the judgment of conviction is affirmed or the appeal is dismissed, execution on such confessed judgment may issue at once.
(Code 1896, §4320; Code 1907, §6251; Code 1923, §3244; Code 1940, T. 15, §375.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 4 - Stays Pending Appeal. › Section 12-22-173 - Waiver of Stayed Sentence; Duty of Clerk; Effect on Appeal.

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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-190 - Purpose of Division.

Section 12-22-190
Purpose of division.
The Legislature is aware that it has become settled law that a state may or may not authorize appeals from judgments of convictions in criminal cases and certain other related proceedings involving the life, liberty or property of a person convicted of a criminal offense; further, that if a state does provide for appeals in criminal cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are without funds and unable to pay the fees of the court reporter for transcribing the evidence or the fees of the clerk for preparing the record for review on appeal may be denied equal protection of the law or due process of law. It is the purpose of this division to provide such defendants or petitioners with a transcript of the evidence, or a part thereof, and a record for a proper and equal review in certain criminal cases and such other cases wherein it is made to appear that a convicted defendant is indigent and desires to take an appeal and obtain a judicial review of matters that occurred at his trial or hearing.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §1; Acts 1963, No. 525, p. 1129, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-191 - Applicability of Division.

Section 12-22-191
Applicability of division.
This division shall apply to all criminal cases tried in the courts of the State of Alabama where a direct appeal to the Supreme Court or Court of Criminal Appeals is provided by law, also to all related or collateral proceedings, including habeas corpus and coram nobis proceedings, involving the life, liberty or property of a person convicted of a criminal offense where an appeal is provided to the Supreme Court or Court of Criminal Appeals.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §2; Acts 1963, No. 525, p. 1129, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-192 - Petition for Appeal Under Division; Contents Thereof.

Section 12-22-192
Petition for appeal under division; contents thereof.
In such criminal cases where the defendant has been adjudicated guilty by the trial court he may, if no motion for a new trial is filed within 10 days after the last day on which a motion for a new trial could have been filed or within 10 days after the ruling of the trial court upon a motion for a new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial judge of the court wherein such defendant was adjudicated guilty and sentenced a petition in writing, sworn to and subscribed by said defendant, stating that the defendant desires to take an appeal under the provisions of this division. Such petition must identify the style of the case, the offense for which the defendant was convicted, the plea made by the defendant, the date of the adjudication of guilt, the sentence and the punishment therefor and the name of the court imposing such punishment, together with the name of the trial judge. Such petition shall also contain the full name of the defendant, together with a statement that he desires to appeal either from the judgment of conviction or from the adverse ruling on the motion for a new trial, or both. Such petition must contain an averment that the defendant is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial of said case, or the fees of the clerk for preparing the record on appeal. In such other cases, including habeas corpus and coram nobis, which are related or collateral proceedings to a conviction of a criminal offense and which proceedings involve the life, liberty or property of a person convicted of a crime, the person convicted may, within 10 days after a judgment or order disposing of the proceedings adversely to said person, file with the clerk or the trial judge of the court making said order a similar petition describing and identifying the proceeding and stating the desire of the petitioner to appeal under the provisions of this division.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §3; Acts 1963, No. 525, p. 1129, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-193 - Examination of Petitioner; Subpoena of Witnesses; Ascertainment of Financial Information; Estimate of Costs and Fees.

Section 12-22-193
Examination of petitioner; subpoena of witnesses; ascertainment of financial information; estimate of costs and fees.
Upon the filing of the petition with the clerk or the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have the defendant or petitioner brought before him and shall examine the defendant or petitioner under oath concerning the required averment in the petition that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal. The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and may call upon the sheriff, the district attorney and other officers of the court to ascertain information relevant to the financial condition and ability of defendant or petitioner. The trial judge shall find from the court reporter or reporters who took stenographic notes at the trial or hearing a general estimate of the costs of transcribing the evidence and other proceedings occurring at the trial, or such part thereof as may be necessary to be transcribed to afford the appellate court with a record on appeal of sufficient completeness as a basis for a fair review of the points insisted upon by the defendant or petitioner and shall also ascertain from the clerk a general estimate of the amount of fees which will be due to said clerk incident to an appeal.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-194 - Report on Financial Condition of Petitioner.

Section 12-22-194
Report on financial condition of petitioner.
The trial court, either before, after or during said hearing, may designate a probation officer of the court or may designate the county Department of Human Resources to make inquiry and ascertain facts concerning the financial condition and ability of defendant or petitioner, and it shall be the duty of such agencies to investigate and file a written report of its findings with the trial judge. Such report shall state with certainty any and all sources from which the defendant or petitioner could be expected to obtain financial aid to pay such fees.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-195 - Burden of Proof as to Sufficient Funds.

Section 12-22-195
Burden of proof as to sufficient funds.
The burden shall be upon the convicted defendant or petitioner to satisfy the trial judge that said defendant or petitioner is without said sufficient funds and has no reasonable way to procure the same. If the trial judge is in doubt after such investigation as he deems proper, he shall deny such petition, in whole or in part, and state his reasons therefor and cause the same to be entered on the minutes of the court.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-196 - Entry of Findings on Minutes of Court.

Section 12-22-196
Entry of findings on minutes of court.
If the trial judge is satisfied that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, necessary for the payment of court reporters' fees or the clerks' fees, he shall cause said finding to be entered on the minutes of the court. If the trial judge finds to the contrary, he shall also cause said findings to be entered on the minutes of the court, stating his reasons therefor. If the trial judge finds that the defendant or petitioner is unable to pay all of the court reporter's fees or all of the clerk's fees but is able to pay a part, he shall cause to be entered upon the minutes of the court such finding and shall state his reasons therefor and state the amount in money that the defendant or petitioner can reasonably pay.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-197 - Order to Prepare Record on Appeal; Order Authorizing Payment of Fees and Transmission Thereof to State Comptroller.

Section 12-22-197
Order to prepare record on appeal; order authorizing payment of fees and transmission thereof to state Comptroller.
If it appears to the trial court, after full investigation, that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure same, to pay the court reporter all of his lawful fee for transcribing the evidence and other proceedings had at the trial or the fees of the clerk incident to an appeal or that the defendant or petitioner has reasonably available to him only enough funds to pay a part of such fees, he shall make and enter an order requiring the court reporter to transcribe all or such parts of evidence of the proceedings occurring at the trial that may be necessary to afford the appellate court a record of sufficient completeness for review and shall order the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter an order authorizing the payment of a sum certain to the court reporter of all or a part of his estimated fees, calculated at the rate provided by law, upon the completion and delivery of a transcript and three carbon copies thereof, duly certified and filed with the clerk, one of said carbon copies to be delivered by the clerk to the defendant or petitioner. The court shall also at said time make and enter an order authorizing the payment of a sum certain to the clerk of all or a part of his estimated fees incident to the appeal. Such order shall not be made unless and until the defendant or petitioner has paid to the court reporter and to the clerk that part of the amount due the court reporter and the clerk which the court has found must be borne by the defendant or petitioner, and the defendant or petitioner shall furnish to the court satisfactory evidence of such payment. The trial court shall cause a certified copy of such order to be delivered to the court reporter and to the clerk; and, upon the filing of said transcript and three carbon copies thereof by the court reporter with the clerk of the trial court and the complete preparation of the record on appeal by the clerk, the clerk shall transmit such order to the state Comptroller, whereupon the state Comptroller shall cause to be paid to the court reporter and to the clerk out of the general funds in the State Treasury, not otherwise appropriated, the amount of said fees.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §8; Acts 1963, No. 525, p. 1129, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-198 - Appeals From Denial of Petition or Where Parts of Record Ordered Transcribed Deemed Inadequate.

Section 12-22-198
Appeals from denial of petition or where parts of record ordered transcribed deemed inadequate.
(a) Any defendant or petitioner who has filed a petition under the provisions of this division and which petition is denied by the trial court, or if parts of the record ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant or petitioner may, within 10 days from the order of the trial court, file a notice of appeal with the clerk of the trial court from the order denying the petition or from the order deemed inadequate in specifying the parts of the transcript of the evidence to be forwarded to the appellate court on appeal, and such notice of appeal shall specify with particularity wherein the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals in cases wherein the punishment is 20 years or less and to the Supreme Court in cases where the punishment exceeds 20 years, the file of the trial court in said proceedings to obtain a transcript and record containing the petition and reports made in writing to the court, the court reporter's estimate of the cost of the transcript, the estimate of the clerk of his fees incident to an appeal, a certified copy of the order or orders entered by the trial court and other relevant papers pertaining to the petition, together with an opinion or statement of the trial court, as the trial court shall deem necessary. Upon receipt of said court file by the Court of Criminal Appeals or the Supreme Court, such court shall proceed to determine the matter of whether or not a transcript of the evidence and a complete record on appeal should be ordered, prepared and filed and paid for as provided for in this division and shall enter such judgment as in its opinion should have been entered below, or such appellate court may remand such proceedings to the trial court for further proceedings as said appellate court may deem proper.
(b) Such proceedings in the appellate court shall be docketed and filed as other appeals and shall be considered and disposed of without delay. The defendant filing said petition in the trial court shall have the right to file such brief and argument as he so desires; and, in like manner, the state may file such brief and argument. There shall be no costs or charges attending said appeals.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §10; Acts 1963, No. 525, p. 1129, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-199 - Judgment for Costs Against Petitioner When Appeal Unfavorable; Payment Thereof Into General Fund; Liability for Payment.

Section 12-22-199
Judgment for costs against petitioner when appeal unfavorable; payment thereof into General Fund; liability for payment.
In appeals taken under the provisions of this division, if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals affirming said judgment or order shall enter a judgment for costs against the defendant or petitioner, including an amount equal to the fees of the court reporter paid by the state for transcribing the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid into the General Fund of the State of Alabama. If such costs are not presently paid by the defendant or petitioner, or by another in his behalf, execution shall be issued by the trial court upon said judgment against the defendant or petitioner; and, if said execution is levied and collected, the proceeds thereof shall be paid into the General Fund of the state. If such execution is returned to the trial court "no property found," the defendant or petitioner shall be sentenced additionally by the trial court at hard labor for the county, if the punishment for the offense is a fine or confinement in the county jail or hard labor for the county, or by imprisonment in the state penitentiary, if the punishment for the offense is imprisonment in the penitentiary, for an additional term to pay said costs, at the rate of $5.00 per day.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §11; Acts 1963, No. 525, p. 1129, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 22 - Appellate Proceedings. › Article 2 - Criminal Cases. › Division 5 - Providing Record on Appeal for Indigents. › Section 12-22-200 - Rules and Regulations.

Section 12-22-200
Rules and regulations.
The Supreme Court of the State of Alabama, with the advice and consultation with the Court of Criminal Appeals of Alabama, is authorized to adopt all needful rules and regulations designed to accomplish the purposes set forth in this division; such rules and regulations duly adopted shall have the force and effect of law. The circuit courts and other courts of the state having jurisdiction over proceedings under this division shall have authority to adopt all needful rules and regulations not in conflict with the rules of the Supreme Court designed to accomplish the purposes set forth in this division.
(Acts 1961, Ex. Sess., No. 62, p. 1930, §12; Acts 1963, No. 525, p. 1129, §11.)