reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 4 - Undertakings. › Section 15-6-60 - Upon Conviction.

Section 15-6-60
Upon conviction.
The court may, on the conviction of any person for an offense against the person or property of another and when necessary for the public good, require the defendant to enter into an undertaking, with sufficient sureties, to keep the peace for a period not exceeding 12 months and, on his failure to do so, may commit him.
(Code 1852, §425; Code 1867, §3974; Code 1876, §4044; Code 1886, §4698; Code 1896, §5179; Code 1907, §7538; Code 1923, §5156; Code 1940, T. 15, §419.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 6 - Peace Proceedings and Proceedings to Preserve Order. › Article 4 - Undertakings. › Section 15-6-61 - Forfeiture; Remittance of Amount Specified.

Section 15-6-61
Forfeiture; remittance of amount specified.
(a) An undertaking to keep the peace is forfeited by the commission by the defendant of any offense upon the person or property of another, which may be ascertained by a jury, without the conviction of the defendant therefor, in the circuit court on 10 days' notice to the parties against whom the forfeiture is sought.
(b) On a forfeiture of an undertaking to keep the peace, the court may remit any portion of the amount specified therein, according to the circumstances of the case.
(Code 1852, §§426, 427; Code 1867, §§3976, 3979; Code 1876, §§4045, 4046; Code 1886, §§4699, 4700; Code 1896, §§5180, 5181; Code 1907, §§7539, 7540; Code 1923, §§5157, 5158; Code 1940, T. 15, §§420, 421.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 7 - Initiation of Proceedings by Complaint. › Article 1 - General Provisions. › Section 15-7-1 - "Complaint" Defined.

Section 15-7-1
"Complaint" defined.
A "complaint" is an allegation made before a proper judge or magistrate that a person has been guilty of a designated public offense.
(Code 1852, §428; Code 1867, §3977; Code 1876, §4647; Code 1886, §4255; Code 1896, §5204; Code 1907, §7584; Code 1923, §5217; Code 1940, T. 15, §119.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 7 - Initiation of Proceedings by Complaint. › Article 1 - General Provisions. › Section 15-7-2 - Examination of Complainant and Witnesses; Taking of Depositions.

Section 15-7-2
Examination of complainant and witnesses; taking of depositions.
(a) Upon a complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant, been committed, the judge or magistrate must examine the complainant and such witnesses as he may propose on oath, take their depositions in writing and cause them to be subscribed by the person making them.
(b) The depositions must set forth the facts stated by the complainant and his witnesses tending to establish the commission of the offense and the guilt of the defendant.
(Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code 1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218, 5219; Code 1940, T. 15, §§120, 121.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 7 - Initiation of Proceedings by Complaint. › Article 1 - General Provisions. › Section 15-7-3 - Warrant of Arrest - When Issued.

Section 15-7-3
Warrant of arrest - When issued.
If the judge or magistrate is reasonably satisfied from such deposition that the offense complained of has been committed and that there is reasonable ground to believe that the defendant is guilty thereof, he must issue a warrant of arrest.
(Code 1852, §431; Code 1867, §3980; Code 1876, §4650; Code 1886, §4258; Code 1896, §5207; Code 1907, §7587; Code 1923, §5220; Code 1940, T. 15, §122.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 7 - Initiation of Proceedings by Complaint. › Article 1 - General Provisions. › Section 15-7-4 - Warrant of Arrest - Defined; Contents; Form.

Section 15-7-4
Warrant of arrest - Defined; contents; form.
(a) A "warrant of arrest" is an order in writing, issued and signed by a judge or magistrate, stating the substance of the complaint and directed to a proper officer, commanding him to arrest the defendant.
(b) Such warrant must designate the name of the defendant, if known; but if it states that the name is unknown to the judge or magistrate, then no name need be inserted. It must also state the offense by name or so that it can be clearly inferred, the county in which it was issued must appear from some part of the warrant, and the warrant must be signed by the judge or magistrate, with his name and initials of office, or the same must in some way appear from the warrant. It must be directed "to any lawful officer of the state," and, if executed by any lawful officer having authority to execute it, it is valid without regard to its direction.
(c) A warrant of arrest may be in substance as follows:
The State of Alabama,
__________ County.
To any lawful officer of the state:
Complaint on oath having been made before me that the offense of (designating or describing it) has been committed and accusing C. D. thereof, you are, therefore, commanded forthwith to arrest C. D., and bring him before me.
Dated the ______ day of _____, 20__.
(Signed) E.F., Judge
(or magistrate, as the case may be.)
(Code 1852, §§432, 433; Code 1867, §§3981, 3982; Code 1876, §§4651, 4652; Code 1886, §4259; Code 1896, §5208; Code 1907, §7588; Code 1923, §5221; Code 1940, T. 15, §123.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 7 - Initiation of Proceedings by Complaint. › Article 2 - Bail. › Section 15-7-20 - Discharge of Defendant - by Arresting Officer.

Section 15-7-20
Discharge of defendant - By arresting officer.
When the offense described in an arrest warrant is a misdemeanor and it is executed by the sheriff or his deputy, such sheriff or deputy may, on the request of the defendant, discharge him on sufficient bail for his appearance at the next term of the court having jurisdiction of the offense to answer any indictment which may be found against him therefor; and, if such court is in session, for his appearance at such court.
(Code 1852, §440; Code 1867, §3989; Code 1876, §4659; Code 1886, §4275; Code 1896, §5224; Code 1907, §7589; Code 1923, §5222; Code 1940, T. 15, §124.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 7 - Initiation of Proceedings by Complaint. › Article 2 - Bail. › Section 15-7-21 - Discharge of Defendant - by Judge or Magistrate; Certification and Delivery of Warrant With Undertaking.

Section 15-7-21
Discharge of defendant - By judge or magistrate; certification and delivery of warrant with undertaking.
(a) When the offense described in the warrant is a misdemeanor and it is not executed by the sheriff or his deputy, at the defendant's request, he may be brought before a judge, or a magistrate when authorized by law to grant bail, of the county in which the warrant was executed; and such judge or magistrate may, without examination, discharge such defendant, upon sufficient bail for his appearance before the court having cognizance of the offense.
(b) The judge or magistrate admitting a defendant to bail under the provisions of subsection (a) of this section must certify the same upon the warrant and deliver such warrant, with the undertaking, to the officer who executed the warrant, who must cause the same to be delivered without unnecessary delay to the clerk of the court in which the defendant is bound by his undertaking to appear.
(Code 1852, §§441, 443; Code 1867, §§3990, 3992; Code 1876, §§4660, 4662; Code 1886, §§4276, 4278; Code 1896, §§5225, 5227; Code 1907, §§7590, 7592; Code 1923, §§5223, 5225; Code 1940, T. 15, §§125, 127.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 7 - Initiation of Proceedings by Complaint. › Article 2 - Bail. › Section 15-7-22 - Presumption Offense of Aggravated Nature.

Section 15-7-22
Presumption offense of aggravated nature.
When the bail is taken under the provisions of Sections 15-7-20 and 15-7-21, in fixing the amount of bail, it must be presumed that the offense is of an aggravated nature.
(Code 1852, §442; Code 1867, §3991; Code 1876, §4661; Code 1886, §4277; Code 1896, §5226; Code 1907, §7591; Code 1923, §5224; Code 1940, T. 15, §126.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 1 - General Provisions. › Section 15-8-1 - "Indictment" Defined.

Section 15-8-1
"Indictment" defined.
An "indictment" is an accusation in writing presented by the grand jury of the county, charging a person with an indictable offense. The distinction between indictments and presentments is abolished.
(Code 1852, §§559, 560; Code 1867, §§4109, 4110; Code 1876, §§4782, 4783; Code 1886, §4364; Code 1896, §4892; Code 1907, §7130; Code 1923, §4525; Code 1940, T. 15, §228.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 1 - General Provisions. › Section 15-8-2 - Indictable Offenses.

Section 15-8-2
Indictable offenses.
All felonies and all misdemeanors originally prosecuted in the district court or circuit court are indictable offenses.
(Code 1852, §558; Code 1867, §4108; Code 1876, §4781; Code 1886, §3702; Code 1896, §4891; Code 1907, §7129; Code 1923, §4524; Code 1940, T. 15, §227.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 1 - General Provisions. › Section 15-8-3 - Required Contents.

Section 15-8-3
Required contents.
An indictment must contain, in the caption or body thereof, the name of the state, county, court and time when it is preferred and must conclude "against the peace and dignity of the State of Alabama."
(Code 1852, §561; Code 1867, §4111; Code 1876, §4784; Code 1886, §4365; Code 1896, §4893; Code 1907, §7131; Code 1923, §4526; Code 1940, T. 15, §229.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 1 - General Provisions. › Section 15-8-4 - Formal Defects Not Fatal.

Section 15-8-4
Formal defects not fatal.
An indictment must not be held insufficient, nor can the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection in any matter of form which does not prejudice the substantial rights of the defendant on the trial.
(Code 1852, §592; Code 1867, §4142; Code 1876, §4815; Code 1886, §4367; Code 1896, §4895; Code 1907, §7133; Code 1923, §4528; Code 1940, T. 15, §231.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 1 - General Provisions. › Section 15-8-5 - Construction of Words Used.

Section 15-8-5
Construction of words used.
The words used in an indictment must be construed in their usual acceptation in common language, except words and phrases defined by law, which must be construed according to their legal meanings.
(Code 1852, §578; Code 1867, §4128; Code 1876, §4801; Code 1886, §4369; Code 1896, §4897; Code 1907, §7135; Code 1923, §4530; Code 1940, T. 15, §233.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-20 - Offenses Charged or Described as at Common Law.

Section 15-8-20
Offenses charged or described as at common law.
In an indictment for an offense which was indictable at common law, the offense may be charged or described as at common law, and the defendant, if convicted, must receive the punishment prescribed by the statute.
(Code 1852, §570; Code 1867, §4120; Code 1876, §4793; Code 1886, §4371; Code 1896, §4899; Code 1907, §7137; Code 1923, §4532; Code 1940, T. 15, §235.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-21 - Statutory Language Unnecessary.

Section 15-8-21
Statutory language unnecessary.
Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying the same meaning.
(Code 1852, §569; Code 1867, §4119; Code 1876, §4792; Code 1886, §4370; Code 1896, §4898; Code 1907, §7136; Code 1923, §4531; Code 1940, T. 15, §234.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-22 - General Terms Used for Special Statutory Terms.

Section 15-8-22
General terms used for special statutory terms.
When a statute creating or defining an offense uses special or particular terms, an indictment on it may use the general term which, in common language, embraces the special term.
(Code 1852, §571; Code 1867, §4121; Code 1876, §4794; Code 1886, §4372; Code 1896, §4900; Code 1907, §7138; Code 1923, §4533; Code 1940, T. 15, §236.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-23 - Manner of Stating Act Constituting Offense.

Section 15-8-23
Manner of stating act constituting offense.
The manner of stating the act constituting the offense, as set forth in the forms given in Article 8 of this chapter, is sufficient in all cases in which the forms there given are applicable; in other cases, forms may be used as nearly similar as the nature of the case and the rules prescribed in this chapter will permit.
(Code 1852, §591; Code 1867, §4141; Code 1876, §4824; Code 1886, §4366; Code 1896, §4894; Code 1907, §7132; Code 1923, §4527; Code 1940, T. 15, §230.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-24 - When Alleged Act Done in Public Place Suffices.

Section 15-8-24
When alleged act done in public place suffices.
When, to constitute the offense, an act must be done in a public place, and such public place is not more particularly defined in the statute, it is sufficient to allege in an indictment that the act was done "in a public place" generally.
(Code 1852, §572; Code 1867, §4122; Code 1876, §4795; Code 1886, §4375; Code 1896, §4903; Code 1907, §7141; Code 1923, §4536; Code 1940, T. 15, §239.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-25 - How Facts Constituting Offense to Be Stated.

Section 15-8-25
How facts constituting offense to be stated.
An indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in such a manner as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment. In no case are the words "force of arms" or "contrary to the form of the statute" necessary.
(Code 1852, §562; Code 1867, §4112; Code 1876, §4785; Code 1886, §4368; Code 1896, §4896; Code 1907, §7134; Code 1923, §4529; Code 1940, T. 15, §232.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-26 - Charging of Unknown Facts.

Section 15-8-26
Charging of unknown facts.
Any fact which is unknown to the grand jury and which is not a material ingredient of the offense may be so charged in the indictment.
(Code 1852, §566; Code 1867, §4116; Code 1876, §4789; Code 1886, §4377; Code 1896, §4905; Code 1907, §7143; Code 1923, §4538; Code 1940, T. 15, §241.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-27 - Allegation of Unknown Means.

Section 15-8-27
Allegation of unknown means.
When the means by which the offense was committed are unknown to the grand jury and do not enter into the essence of the offense, the indictment may allege that they are unknown to the jury.
(Code 1852, §567; Code 1867, §4117; Code 1876, §4790; Code 1886, §4378; Code 1896, §4906; Code 1907, §7144; Code 1923, §4539; Code 1940, T. 15, §242.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-28 - Name of Defendant When Unknown.

Section 15-8-28
Name of defendant when unknown.
The indictment must be certain as to the person charged; but when his name is unknown to the grand jury, it may be so alleged without further identification.
(Code 1852, §563; Code 1867, §4113; Code 1876, §4786; Code 1886, §4376; Code 1896, §4904; Code 1907, §7142; Code 1923, §4537; Code 1940, T. 15, §240.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-29 - General Allegation of Intent to Injure or Defraud.

Section 15-8-29
General allegation of intent to injure or defraud.
When an intent to injure or defraud is necessary to constitute an offense, it is sufficient to allege in an indictment an intent to injure or defraud generally, without naming the particular person, corporation or government intended to be injured or defrauded.
(Code 1852, §576; Code 1867, §4126; Code 1876, §4799; Code 1886, §4380; Code 1896, §4908; Code 1907, §7146; Code 1923, §4541; Code 1940, T. 15, §244.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-30 - Statement of Time.

Section 15-8-30
Statement of time.
It is not necessary to state the precise time at which an offense was committed in an indictment; but it may be alleged to have been committed on any day before the finding of the indictment, or generally before the finding of the indictment, unless time is a material ingredient of the offense.
(Code 1852, §565; Code 1867, §4115; Code 1876, §4788; Code 1886, §4373; Code 1896, §4901; Code 1907, §7139; Code 1923, §4534; Code 1940, T. 15, §237.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-31 - Allegation of Venue Unnecessary; Proof of Same at Trial.

Section 15-8-31
Allegation of venue unnecessary; proof of same at trial.
It is not necessary to allege where the offense was committed in an indictment; but it must be proved, on the trial, to have been committed within the jurisdiction of the county in which the indictment is preferred.
(Code 1852, §564; Code 1867, §4114; Code 1876, §4787; Code 1886, §4374; Code 1896, §4902; Code 1907, §7140; Code 1923, §4535; Code 1940, T. 15, §238.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-32 - Statement of Legal Presumptions and Matters Judicially Known Unnecessary.

Section 15-8-32
Statement of legal presumptions and matters judicially known unnecessary.
Presumptions of law and matters of which judicial notice is taken need not be stated in an indictment.
(Code 1852, §568; Code 1867, §4118; Code 1876, §4791; Code 1886, §4379; Code 1896, §4907; Code 1907, §7145; Code 1923, §4540; Code 1940, T. 15, §243.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-33 - How Ownership of Property Alleged.

Section 15-8-33
How ownership of property alleged.
When any property, upon or in relation to which an offense was committed, belongs to several partners or owners, it is sufficient to allege in an indictment the ownership to be in any one or more of such partners or owners; or when the property is quasi-public property or belongs to an association, society or collection of individuals, such as churches, meetinghouses, schoolhouses, lodges, etc., it shall not be necessary for the indictment to allege ownership, but it shall be sufficient to describe such property by the name by which it is commonly known or in any other manner which may sufficiently identify the property, upon or in relation to which the offense charged was committed.
(Code 1852, §577; Code 1867, §4127; Code 1876, §4800; Code 1886, §4381; Code 1896, §4909; Code 1907, §7147; Code 1923, §4542; Code 1940, T. 15, §245.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-34 - Description of Animal in Indictment for Offense Concerning Same.

Section 15-8-34
Description of animal in indictment for offense concerning same.
In an indictment for the larceny of any animal or for any other public offense committed in reference to any animal, it is sufficient to describe the animal by such name as, in common understanding, embraces it, without designating its sex.
(Code 1852, §588; Code 1867, §4138; Code 1876, §4812; Code 1886, §4382; Code 1896, §4910; Code 1907, §7148; Code 1923, §4543; Code 1940, T. 15, §246.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-35 - Indictment for Forgery of Instrument Destroyed or Withheld.

Section 15-8-35
Indictment for forgery of instrument destroyed or withheld.
In an indictment for the forgery of an instrument which has been destroyed or withheld by the act or procurement of the defendant, if that fact is alleged in the indictment, a misdescription of the instrument is immaterial.
(Code 1852, §581; Code 1867, §4131; Code 1876, §4804; Code 1886, §3859; Code 1896, §4727; Code 1907, §6917; Code 1923, §4128; Code 1940, T. 14, §206; Code 1975, §13-4-68.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 2 - Allegations. › Section 15-8-36 - Perjury and Subornation of Perjury; Indictment.

Section 15-8-36
Perjury and subornation of perjury; indictment.
In an indictment for perjury or subornation of perjury, it is not necessary to set forth the pleadings, record or proceedings with which the false oath is connected or the commission or authority of the court or persons before whom the perjury was committed; it is sufficient to state the substance of the proceedings, the name of the court or officer before whom the oath was taken and that such court or officer had authority to administer it, with the necessary allegations of the falsity of the matter on which the perjury is assigned.
(Code 1852, §589; Code 1867, §4139; Code 1876, §4813; Code 1886, §3908; Code 1896, §5199; Code 1907, §7542; Code 1923, §5160; Code 1940, T. 14, §376; Code 1975, §13-5-112.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 3 - Alternative Averments. › Section 15-8-50 - Allegation of Different Means or Intents.

Section 15-8-50
Allegation of different means or intents.
When an offense may be committed by different means or with different intents, such means or intents may be alleged in an indictment in the same count in the alternative.
(Code 1852, §573; Code 1867, §4123; Code 1876, §4796; Code 1886, §4383; Code 1896, §4911; Code 1907, §7149; Code 1923, §4544; Code 1940, T. 15, §247.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 3 - Alternative Averments. › Section 15-8-51 - Charging Different Results From Same Act.

Section 15-8-51
Charging different results from same act.
When an act is criminal, if producing different results, such results may be charged in an indictment in the same count in the alternative.
(Code 1852, §574; Code 1867, §4124; Code 1876, §4797; Code 1886, §4384; Code 1896, §4912; Code 1907, §7150; Code 1923, §4545; Code 1940, T. 15, §248.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 3 - Alternative Averments. › Section 15-8-52 - Joinder of Offenses in Same Count.

Section 15-8-52
Joinder of offenses in same count.
When offenses are of the same character and subject to the same punishment, the defendant may be charged in an indictment with the commission of either in the same count in the alternative.
(Code 1852, §575; Code 1867, §4125; Code 1876, §4798; Code 1886, §4385; Code 1896, §4913; Code 1907, §7151; Code 1923, §4546; Code 1940, T. 15, §249.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 4 - Presenting, Filing, Withdrawal, and Recordation. › Section 15-8-70 - Presentation to Court and Endorsement; Limitations on Entry in Minutes and Inspection.

Section 15-8-70
Presentation to court and endorsement; limitations on entry in minutes and inspection.
All indictments must be presented to the court by the foreman of the grand jury in the presence of at least 11 other jurors, must be endorsed "filed" and must have the endorsement dated and signed by the clerk; but no entry of an indictment found must be made on the minutes, nor must any indictment be inspected by any other person than the district attorney, the presiding judge and the clerk of the court until the defendant has been arrested or has given bail for his appearance.
(Code 1852, §598; Code 1867, §4148; Code 1876, §4821; Code 1886, §4386; Code 1896, §4914; Code 1907, §7152; Code 1923, §4547; Code 1940, T. 15, §250.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 4 - Presenting, Filing, Withdrawal, and Recordation. › Section 15-8-71 - Withdrawal and Filing of Indictment With Leave to Reinstate Same.

Section 15-8-71
Withdrawal and filing of indictment with leave to reinstate same.
In all criminal cases in the circuit court in which a capias or warrant of arrest has issued for two terms and has been returned "not found," the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement. In all cases where a defendant is confined in one of the Alabama state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement.
(Code 1867, §4149; Code 1876, §4822; Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T. 15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 4 - Presenting, Filing, Withdrawal, and Recordation. › Section 15-8-72 - Recording and Safekeeping; When Record Book Required to Be Produced; Use of Photograph or Photostat Machines.

Section 15-8-72
Recording and safekeeping; when record book required to be produced; use of photograph or photostat machines.
(a) The clerk of the court in which indictments are returned shall, forthwith and without allowing them to be taken out of his custody or control, record the same, with the endorsement thereon, in a well-bound book which shall be properly indexed and kept secret, as indictments are required to be kept secret, before the arrest of the defendant; and, if the office of the clerk is furnished with an iron safe or vault, it shall be kept therein.
(b) The court may require the production of such book on the trial of the defendant for comparison of the indictment against the defendant with the record thereof only in cases where the trial is had on a certified copy of the indictment as provided by law.
(c) Indictments may be recorded by means of a photograph or photostat machine.
(Code 1886, §4388; Code 1896, §4916; Code 1907, §7154; Code 1923, §4549; Acts 1939, No. 387, p. 509; Code 1940, T. 15, §252.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 5 - Amendments. › Section 15-8-90 - When Allowed.

Section 15-8-90
When allowed.
An indictment may be amended, with the consent of the defendant entered of record, when the name of the defendant is incorrectly stated or when any person, property or matter therein stated is incorrectly described.
(Code 1852, §593; Code 1867, §4143; Code 1876, §4816; Code 1886, §4389; Code 1896, §4917; Code 1907, §7155; Code 1923, §4550; Code 1940, T. 15, §253.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 5 - Amendments. › Section 15-8-91 - Prosecution Dismissed Where Amendment Not Consented to by Defendant; New Indictment; Form of Entry of Record.

Section 15-8-91
Prosecution dismissed where amendment not consented to by defendant; new indictment; form of entry of record.
If the defendant will not consent to such amendment of an indictment, the prosecution may be dismissed at any time before the jury retires as to the count in the indictment to which the variance applies, and the court may order another indictment to be preferred at a subsequent time, in which case an entry of record must be made to the effect following:
"The State )
In this case, it appeared from the evidence that there was a variance between the allegations of the indictment and the "The State proof in this (setting out the variance); or it appeared from the evidence that the defendant's name was …(stating it); and the defendant not consenting to allow the indictment to be amended, the prosecution was dismissed before the jury retired, and another indictment was ordered to be preferred."
v.)
A. B.)
(Code 1852, §594; Code 1867, §4144; Code 1876, §4817; Code 1886, §4390; Code 1896, §4918; Code 1907, §7156; Code 1923, §4551; Code 1940, T. 15, §254.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 6 - Lost, Mislaid, Mutilated or Destroyed Documents. › Section 15-8-110 - Preferring of New Indictment; Form of Entry of Record.

Section 15-8-110
Preferring of new indictment; form of entry of record.
When an indictment is lost, mislaid or destroyed, the court may, on satisfactory proof thereof, order another indictment to be preferred at the session at which such proof is made or at a subsequent session, in which case an entry of record must be made to the effect following:
"The State )
In this case, it appearing to the court that an indictment was preferred against the defendant at the _____ session, 20__, (stating the time) and that said indictment is lost,
v.)
A. B.)
mislaid or destroyed; it is, therefore, ordered that a new indictment be preferred against the defendant for the same offense.”
(Code 1852, §595; Code 1867, §4145; Code 1876, §4818; Code 1886, §4391; Code 1896, §4919; Code 1907, §7157; Code 1923, §4552; Code 1940, T. 15, §255.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 6 - Lost, Mislaid, Mutilated or Destroyed Documents. › Section 15-8-111 - Utilization of Record Copy.

Section 15-8-111
Utilization of record copy.
When it is shown to the court that an original indictment, recorded as required by law, has been lost, destroyed or so mutilated as to be illegible, the court shall direct the clerk to make and certify a copy thereof from such record, upon which the defendant may be arraigned and tried as upon the original indictment.
(Code 1886, §4392; Code 1896, §4920; Code 1907, §7158; Code 1923, §4553; Code 1940, T. 15, §256.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 7 - Judgment Arrested, Indictment Quashed, Etc. › Section 15-8-130 - Permission of Court Required to Quash, Dismiss, etc., Indictment.

Section 15-8-130
Permission of court required to quash, dismiss, etc., indictment.
An indictment must not be quashed, dismissed, discontinued or abandoned without the permission of the court, and such permission must be entered of record.
(Code 1852, §599; Code 1867, §4150; Code 1876, §4823; Code 1886, §4393; Code 1896, §4921; Code 1907, §7159; Code 1923, §4554; Code 1940, T. 15, §257.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 8 - Indictments. › Article 7 - Judgment Arrested, Indictment Quashed, Etc. › Section 15-8-131 - Preferring of New Indictment Where Judgment Arrested or Original Indictment Quashed; Entry of Record.

Section 15-8-131
Preferring of new indictment where judgment arrested or original indictment quashed; entry of record.
When a judgment is arrested or an indictment quashed on account of any defects therein, because it was not found by a grand jury regularly organized, because it charged no offense or for any other cause, the court may order another indictment to be preferred for the offense charged or intended to be charged, and in such case, an entry of record must be made setting forth the facts.
(Code 1852, §596; Code 1867, §4146; Code 1876, §4819; Code 1886, §4394; Code 1896, §4922; Code 1907, §7160; Code 1923, §4555; Code 1940, T. 15, §258.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 1 - Rewards. › Section 15-9-1 - Information Leading to Arrest and Conviction - Crimes Punishable by Death or Life Imprisonment.

Section 15-9-1
Information leading to arrest and conviction - Crimes punishable by death or life imprisonment.
When any of the following crimes have been committed:
(1) Kidnapping with the intent of obtaining money or property for release of the person kidnapped;
(2) Attempt to kidnap with the intent to obtain money or property for the release of the person attempted to be kidnapped;
(3) Arson in the first degree which produces death or maiming of any person;
(4) Arson in the second degree which produces death or maiming of any person;
(5) Burglary in the first degree;
(6) Sabotage or attempt to sabotage any property, facility or service that is being used in connection with national defense, with intent to injure the United States, the State of Alabama or any facilities or property used for national defense, where loss of life occurs by reason of such sabotage or attempt;
(7) Exploding or setting off dynamite or other explosives in certain places as described in Section 13-2-61;
(8) First degree murder;
(9) Rape;
(10) Carnal knowledge of a girl under 12 years of age;
(11) Carnal knowledge of a woman or girl by administering a drug, etc.;
(12) Robbery;
(13) Train robbery;
(14) Treason; or
(15) Any other crime which is punishable by death;
the Governor, upon application of the district attorney in the county in which it shall have been committed, may offer publicly a reward not exceeding $10,000.00 to the person who shall give information leading to the arrest and conviction of the guilty person; provided, however, that in cases involving murder, attempted murder, assassination or attempted assassination of any member of the judiciary, public or state official or any law enforcement officer, the Governor may increase the reward up to a maximum of $10,000.00. Any such reward shall be paid to the informer by the state by order of the court before which such conviction is had.
(Code 1923, §4161; Code 1940, T. 15, §44; Acts 1975, No. 444, p. 1066, §§1, 3; Acts 1977, No. 642, p. 1089.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 1 - Rewards. › Section 15-9-2 - Information Leading to Arrest and Conviction - High Crime or Misdemeanor Committed in Municipality.

Section 15-9-2
Information leading to arrest and conviction - High crime or misdemeanor committed in municipality.
When a high crime or misdemeanor shall have been committed in any municipality, its governing body may offer publicly a reward not exceeding $3,000.00 to the person who shall give information leading to the arrest and conviction of the guilty person. Such reward shall be paid to the informer by the municipality upon order of the court before which such conviction is had.
(Code 1923, §4163; Code 1940, T. 15, §46; Acts 1982, No. 82-573, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 1 - Rewards. › Section 15-9-3 - Governor May Offer Reward for Apprehension or Rearrest of Perpetrator of Felony or Escaped, etc., Felon.

Section 15-9-3
Governor may offer reward for apprehension or rearrest of perpetrator of felony or escaped, etc., felon.
Whenever a felony has been committed and the perpetrator thereof is unknown or when, being known, he absconds before being arrested or escapes from custody, either before or after conviction, the Governor is authorized, in his discretion, to offer by proclamation a reward not exceeding $5,000.00 for the apprehension or rearrest of such person within five years from the date of such proclamation, and to draw his warrant on the State Treasurer for the amount of such reward, when necessary to be paid.
(Code 1852, §797; Code 1867, §4348; Code 1876, §3976; Code 1886, §4746; Code 1896, §4777; Code 1907, §6939; Code 1923, §4162; Code 1940, T. 15, §45; Acts 1977, No. 641, p. 1089.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 1 - Rewards. › Section 15-9-4 - Deciding of Claims to Rewards by Courts.

Section 15-9-4
Deciding of claims to rewards by courts.
When any reward shall be offered for the recovery of stolen property or for information which may lead to the arrest or the arrest and conviction of any criminal, or for both, the court before which conviction is had or the circuit court in the county where the offense was committed, at a criminal session, may decide upon the claims of the parties interested in such reward.
(Code 1923, §4164; Code 1940, T. 15, §47.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 1 - General Provisions. › Section 15-9-20 - Definitions.

Section 15-9-20
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) GOVERNOR. Any person performing the functions of Governor by authority of the law of this state.
(2) EXECUTIVE AUTHORITY. The Governor and any person performing the functions of Governor in a state other than this state.
(3) STATE. Such term, when referring to a state other than Alabama, refers to any other state or territory of the United States of America.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §48.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-30 - Duty of Governor to Have Arrested and Deliver Foreign Fugitive.

Section 15-9-30
Duty of Governor to have arrested and deliver foreign fugitive.
Subject to the qualifications of this division, the controlling provisions of the Constitution of the United States and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony or other crime who has fled from justice and is found in this state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §49.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-31 - Form of Demand.

Section 15-9-31
Form of demand.
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found, or by an information supported by affidavit, in the state having jurisdiction of the crime or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon. The indictment, information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state, and the copy must be authenticated by the executive authority making the demand, which shall be prima facie evidence of its truth.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §50.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-32 - Investigation of Demand.

Section 15-9-32
Investigation of demand.
When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §51.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-33 - What Supporting Documents to Show.

Section 15-9-33
What supporting documents to show.
A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that the accused was present in the demanding state at the time of the commission of the alleged crime and that he thereafter fled from that state and is now in this state, and that he is lawfully charged by indictment or by an information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state, or that he has been convicted of crime in that state and has escaped from confinement or broken his parole.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §52.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-34 - Surrender of Person Committing Act in Alabama Resulting in Crime in Another State.

Section 15-9-34
Surrender of person committing act in Alabama resulting in crime in another state.
On demand of the executive authority of any other state, the Governor of this state may also surrender any person in this state charged in the other state in the manner provided in Section 15-9-31 with committing an act intentionally resulting in a crime in the other state, and the provisions of this division not otherwise inconsistent shall apply in such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime and has not fled from that state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §53; Act 2017-64, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-35 - Arrest Warrant - Issuance; Contents.

Section 15-9-35
Arrest warrant - Issuance; contents.
If the Governor shall decide that an extradition demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal and be directed to a sheriff, marshal, coroner or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issue.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §54.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-36 - Arrest Warrant - Authorization to Arresting Officer.

Section 15-9-36
Arrest warrant - Authorization to arresting officer.
A warrant of arrest issued by the Governor under this division shall authorize the officer or other person to whom directed to arrest the accused at any place where he may be found within the state and to command the aid of all sheriffs and other peace officers in the execution of the warrant, and to deliver the accused subject to the provisions of this division to the duly authorized agent of the demanding state.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §55.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-37 - Authority of Arresting Officer to Command Assistance; Refusal to Assist Arresting Officer.

Section 15-9-37
Authority of arresting officer to command assistance; refusal to assist arresting officer.
Every officer or other person empowered to make an arrest pursuant to a warrant issued under this division shall have the same authority in arresting an accused to command assistance therein as sheriffs and other officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §56.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-38 - Right of Arrestee to Be Informed; Application for Writ of Habeas Corpus; Penalty for Violation of Section.

Section 15-9-38
Right of arrestee to be informed; application for writ of habeas corpus; penalty for violation of section.
(a) No person arrested upon a warrant of arrest issued under this division shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he has been informed of the demand made for his surrender, the crime with which he is charged and that he has the right to demand legal counsel.
(b) If the prisoner, his friends or counsel shall state that he or they desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a district or circuit court in this state, who shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.
(c) Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant in disobedience of this section shall be guilty of a misdemeanor, and on conviction shall be fined not more than $1,000.00 or be imprisoned not more than six months or both.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §§57, 58.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-39 - Confinement of Prisoner.

Section 15-9-39
Confinement of prisoner.
The officer or person executing a Governor's warrant of arrest under this division or the agent of the demanding state to whom the prisoner may have been delivered may confine the prisoner in the jail of any county or city through which he may pass when necessary. The keeper of such jail must receive and safely keep the prisoner until the person having charge of him is ready to proceed on his route, such person being chargeable with the expense of keeping.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §59.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 9 - Fugitives From Justice, Extradition and Detainers. › Article 2 - Extradition. › Division 2 - From Alabama. › Section 15-9-40 - Arrest Prior to Requisition.

Section 15-9-40
Arrest prior to requisition.
Whenever any person within this state shall be charged on the oath of any credible person before any district or circuit court judge of this state with the commission of any crime in any other state and, except in cases arising under Section 15-9-34, with having fled from justice; or whenever complaint shall have been made before any district or circuit court judge in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in such other state, that the accused has been charged in such state with the commission of the crime and, except in cases arising under Section 15-9-34, that he has fled from justice and is believed to have been found in this state, the judge shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed, directing him to apprehend the person charged, wherever he may be found in this state, and bring him before the same or any other district or circuit court judge who may be convenient of access to the place where the arrest may be made to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
(Acts 1931, No. 482, p. 559; Code 1940, T. 15, §60.)