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Alabama Statutes, Title 28

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Alabama/Statutes

← All Alabama coverage

Title 28

19 chapters · 456 sections in this title.

All chapters in Title 28456 Ch 4, Regulation and Control of Alcoholic …163 Ch 3, Regulation and Control of Alcoholic …83 Ch 3A, Alcoholic Beverage Licensing Code43 Ch 11, Sale of Tobacco Products Regulated b…25 Ch 12, Consumable Hemp Products24 Ch 7, Importation, Distribution, and Sale …22 Ch 4A, Alabama Brewpub Act15 Ch 5, Regulation of Manufacture, Sale, Etc…14 Ch 8A, Business Relations Between Wholesale…11 Ch 9, Business Relations Between Wholesale…11 Ch 8, Exclusive Sales Territories and Whol…8 Ch 10, Alabama Responsible Vendor Act8 Ch 1, General Provisions7 Ch 2, Elections as to Sale and Distributio…7

163 sections·Filtered byTitle 28✕Ch 4✕

Ala. Code § 28-4-254 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Issuance - Standard for Issuance; Contents of Affidavit Supporting Determination of Probable Cause
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Said warrants shall be issued only on probable cause supported by affidavit naming or describing the person or other party whose premises are to be searched, if known, and describing as nearly as possible the liquors and beverages to be searched for and the place to be searched. …
Ala. Code § 28-4-255 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Issuance - Examination of and Taking of Depositions from Complainant and Witnesses; Contents of Depositions
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The judge of the district court, before issuing a warrant, must examine the complainant on oath and any other witnesses he may produce, take their depositions in writing and cause the same to be subscribed by the person or persons making them. The depositions must set forth facts…
Ala. Code § 28-4-256 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Issuance - Issuance by Judge
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If the judge of the district court is satisfied of the existence of ground or grounds for the application, or one of them, or that there is probable cause to believe the existence of them, or one of them, he must issue a search warrant, signed by him, directed to the sheriff or t…

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Ala. Code § 28-4-257 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Form

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The warrant may be in substantially the form prescribed by law for other search warrants and must, except as otherwise specified in this article, be executed in the manner and with the authority of the officer as prescribed by law in respect to other search warrants. (Acts 1909, …

Ala. Code § 28-4-258 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Execution - Persons Authorized

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The warrant may be executed by any one of the officers to whom it is directed, but by no other person, except in aid of the officer, he being present and acting in its execution. The complainant may accompany the officer who executes the warrant and give information and assist hi…

Ala. Code § 28-4-259 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Execution - Time

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The warrant may be executed at any time between 8:00 A.M. and 6:00 P.M. or at any other time that the place or premises are open. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4751; Code 1940, T. 29, §220.)

Ala. Code § 28-4-260 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Execution - Giving of Receipt for Prohibited Liquors and Beverages, Etc., Seized Under Warrant

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When an officer takes prohibited liquors and beverages under the warrant, he must, if required, give a receipt to the person from whom they were taken or in whose possession they were found and also a receipt for such receptacles or vessels as may be taken under the warrant. (Act…

Ala. Code § 28-4-261 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally - Limitation Period for Execution and Return of Warrant

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The warrant must be executed and returned to the judge of the district court by whom it was issued within 10 days from the date of issuance. After that time, if it has not been executed, it is void. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4749; Code 1940, …

Ala. Code § 28-4-262 Search Warrant for Seizure of Prohibited Liquors and Beverages, Etc., Generally — Return of Warrant; Furnishing of Copies Thereof to Applicant for Warrant, Etc

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The officer in his return of the warrant to the judge of the district court must specify with particularity the liquors and beverages and other articles taken, and the applicant for the warrant and the person from whose possession the liquors and articles were taken are entitled …

Ala. Code § 28-4-263 Issuance, Etc., of Warrants for Search of Steamboats, Watercraft, Depots, Railway Cars, Etc

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A search warrant may be obtained and prosecuted in accordance with the rules and regulations prescribed in this article in case there is probable cause to believe and it is made to appear to the judge issuing the warrant that there is probable cause to believe that prohibited liq…

Ala. Code § 28-4-264 Disposition of Property Seized by Officer Under Warrant Generally

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When liquors and beverages and vessels and receptacles are seized by the officer, they shall be held by him subject to the order of the judge of the district court or the court to which the proceedings may be carried by appeal, and, upon final judgment in accordance with the proc…

Ala. Code § 28-4-265 Liquors and Beverages, Etc., Seized Not to Be Recovered by Writ of Replevin or Detinue During Pendency of Proceedings Under Article; Final Judgment of Condemnation to Bar Actions to Recover Liquors and Beverages, Etc., Seized, Etc

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Liquors and beverages seized and vessels and receptacles containing them shall not be taken from the custody of the officer by writ of replevin or detinue or other process while the proceedings under this article are pending. A final judgment of condemnation in all proceedings un…

Ala. Code § 28-4-266 Issuance of General Notice to Persons Claiming Right, Title, Etc., in Liquors and Beverages, Etc., Seized to Appear and Show Cause Why Same Should Not Be Forfeited and Destroyed

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Upon the return of the warrant to the judge of the district court showing a seizure thereunder, the judge shall issue a notice directed generally to all persons claiming any right, title or interests in such liquors and beverages and vessels and receptacles to appear before the j…

Ala. Code § 28-4-267 Delivery to Certain Persons and Posting of Copies of Notice

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A copy of such notice shall be delivered to the person or other party who kept the liquors and beverages or had possession of the liquors and beverages at the time of the seizure, and a copy shall also be delivered to the party named in the affidavit for the warrant if a differen…

Ala. Code § 28-4-268 Answer by Persons Claiming Right, Title, Etc., in Liquors and Beverages, Etc., Seized

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At the time and place specified in the notice, any person claiming any right, title or interest in the liquors and beverages and vessels and receptacles seized under such warrant may interpose a verified answer controverting the allegations of the complaint upon which said warran…

Ala. Code § 28-4-269 Forfeiture and Condemnation Proceedings Generally - Issues and Parties Generally; Style of Action; Trial of Action Generally

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The issue thus framed shall be deemed an action pending in the court of the judge who issued the warrant between the State of Alabama, on the relation of the complainant, and the liquor and beverages and vessels and receptacles so seized and against the party in possession of the…

Ala. Code § 28-4-270 Forfeiture and Condemnation Proceedings Generally - Issues, Etc., Where More Than One Claimant to Liquors and Beverages Seized

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If different parties appear and claim separate portions of the liquor and beverages and vessels and receptacles seized, separate answers may be filed and separate issues may be framed and the trial had accordingly before the district court. (Acts 1909, No. 191, p. 63; Acts 1915, …

Ala. Code § 28-4-271 Forfeiture and Condemnation Proceedings Generally - Prosecution of Action

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Where an officer seizes liquors and beverages and vessels and receptacles under a search warrant, he shall appear on the day fixed for the hearing. The district attorney or his deputy shall appear and prosecute said action on behalf of the state. (Acts 1909, No. 191, p. 63; Acts …

Ala. Code § 28-4-272 Forfeiture and Condemnation Proceedings Generally - Persons Not to Be Excused from Attending and Testifying or Producing Books, Papers, Etc., at Hearing or Trial; Immunity from Prosecution as to Transactions, Etc., as to Which Testimony or Documents Produced

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No person, except one who answers claiming some right, title or interest in the liquors so seized, shall be excused from attending and testifying or producing any books, papers or other documents before any court or judge upon any such hearing or trial upon the ground or for the …

Ala. Code § 28-4-273 Forfeiture and Condemnation Proceedings Generally - Conduct of Hearing or Trial Generally; Entry of Judgment of Forfeiture and Delivery of Liquors and Beverages to Alcoholic Beverage Control Board Generally; Destruction of Nonfederal Tax-Paid Liquors and Beverages; Disposition of Funds Paid into Court by Alcoholic Beverage Control Board

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If no party appears to make a claim at the time specified in the notice or if no verified answer controverting the allegations of the complaint and the grounds for issuance of the search warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If i…

Ala. Code § 28-4-274 Forfeiture and Condemnation Proceedings Generally - Entry of Judgment of Dismissal and Return of Liquors and Beverages, Etc., to Place or Person from Which or from Whom Taken Generally

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If the testimony produced on the hearing before the judge or upon such trial before the judge or court shall fail to establish the complaint or that a ground existed for the issuance of the warrant or that the liquors and beverages and vessels and receptacles were kept, stored or…

Ala. Code § 28-4-275 Forfeiture and Condemnation Proceedings Generally - Apportionment and Taxing of Costs

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If judgment shall be against only one party defendant appearing, he shall be charged to pay all the costs of the proceeding in the seizure and detention of the liquors and beverages and vessels and receptacles claimed by him and the costs of the trial. But if judgment shall be en…

Ala. Code § 28-4-276 Forfeiture and Condemnation Proceedings Generally - Appeals from Judgment of District Court - Authorization and Procedure Generally

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Any party may appeal within 14 days from the date of final judgment or denial of a post-trial motion, whichever is later, any judgment entered under the provisions of this article in any district court, such appeal to be taken in behalf of the state to the circuit court by the di…

Ala. Code § 28-4-277 Forfeiture and Condemnation Proceedings Generally - Appeals from Judgment of District Court - Persons Entitled to Appeal; Bond for Costs of Appeal Required; Right to Jury Trial; Proceedings in Circuit Court

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Any person appearing and becoming a party defendant as provided in this article may appeal from the judgment of forfeiture and condemnation as to the whole or any part of the liquors and beverages and vessels and receptacles claimed by him and adjudged forfeited to the circuit co…

Ala. Code § 28-4-278 Forfeiture and Condemnation Proceedings Generally - Appeals from Judgment of District Court - Issuance of Order for Delivery of Liquors and Beverages, Etc., to Alcoholic Beverage Control Board or for Restoration of Same to Place or Person from Which or from Whom Seized Upon Entry of Final Judgment in Proceedings Under Article

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Whenever it shall be finally decided that the liquors and vessels seized as provided in this article are forfeited and ordered condemned, the judge or court entering final judgment of forfeiture shall issue to the officer having said liquors and beverages and vessels and receptac…

Ala. Code § 28-4-279 Forfeiture and Condemnation Proceedings in Circuit Courts

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A search warrant may be issued by any judge of a circuit court, and on the return of the warrant, the same proceedings may be had before the judge sitting as a court as are prescribed in this article for the trial before district court judges issuing said warrants. Any defendant …

Ala. Code § 28-4-280 Allowances and Fees of Officers Executing Search Warrants and Attending and Prosecuting Forfeiture and Condemnation Actions for State

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There shall be allowed the officer making the seizure under a search warrant the sum of $3.00 and also the additional sum of $2.00 for every day that such officer shall necessarily be employed in attending court for the purpose of causing liquors and beverages and vessels and rec…

Ala. Code § 28-4-281 Correction of Defects or Irregularities in Notice, Etc., in Forfeiture and Condemnation Proceedings

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Whenever in any proceedings for forfeiture and condemnation of liquors and beverages and vessels and receptacles it shall appear to the judge or court that there has been any irregularity in the service of any process or notice or any omission to post or serve notices required or…

Ala. Code § 28-4-282 Appliances Used, Etc., for Distillation or Manufacture of Prohibited Liquors and Beverages Declared Contraband; Said Appliances and Products Thereof to Be Summarily Destroyed by Sheriffs, Etc., Finding Same; Property, Etc., Where Distillery, Etc., Found Forfeited to State

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All appliances which have been used or are used or ready to be used for the purpose of distilling or manufacturing any prohibited liquors or beverages are contraband, and no person, firm or corporation or association of persons shall have any property rights in or to the same, an…

Ala. Code § 28-4-283 Enforcement of Forfeiture

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The forfeiture provided in Section 28-4-282 may be enforced by a complaint filed in the circuit court of the county in which the property is located, the complaint to be filed in the name of the State of Alabama by the Attorney General or by a district attorney in the county wher…

Ala. Code § 28-4-284 Sale of Property and Disposition of Proceeds Therefrom

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The property may be ordered sold and the proceeds, after paying the costs and expenses of the seizure and of the action, shall be paid into the law-enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor. (Acts 19…

Ala. Code § 28-4-285 Conveyances, Vehicles of Transportation or Animals Used for Illegal Conveyance of Prohibited Liquors and Beverages Declared Contraband and Forfeited to State; Seizure of Said Conveyances, Etc., and Reporting Thereof by Sheriffs, Etc., Finding Same; Confiscation and Condemnation Generally

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All conveyances and vehicles of transportation of any kind, whether on the waters of the state, under the waters, on land or in the air, including any animals that may be used in such transportation, whether hitched or not hitched to any vehicle so illegally used, together with a…

Ala. Code § 28-4-286 Institution of Proceedings for Condemnation of Vehicles, Etc.; Seized Property Not to Be Retaken by Replevin or Detinue During Pendency of Action; Intervention by Parties Claiming Superior Right to Seized Property; Powers of Court to Regulate Proceedings to Permit Parties Claiming Vehicles, Etc., to Assert Rights

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It shall be the duty of such officer in the county or the Attorney General of the state to institute at once or cause to be instituted condemnation proceedings in the circuit court by filing a complaint in the name of the state against the property seized, describing the same, or…

Ala. Code § 28-4-287 Execution of Bond by Defendant or Claimant for Recovery of Seized Vehicle, Etc., Pending Condemnation Action; Proceedings Upon Failure of Defendant or Claimant to Deliver Said Vehicle, Etc., Upon Entry of Judgment of Condemnation

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Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibition laws of this state, the defendant in the proceedings or the claimant of the property shall have the right to execute a bond in double the value…

Ala. Code § 28-4-288 Execution of Bond by Defendant or Claimant for Recovery of Seized Vehicle, Etc., Pending Appeal; Proceedings Upon Failure of Bondsmen to Deliver Said Vehicle, Etc., Upon Affirmance of Judgment Upon Appeal, Etc

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Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibition laws of this state and has been condemned by the circuit court that tried the action, the defendant in the proceedings or the claimant of the p…

Ala. Code § 28-4-289 Payment of Costs in Actions for Condemnation of Vehicles, Etc., Used in Transportation of Prohibited Liquors or Beverages Where Judgment Entered Against State

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In all actions filed under this article for the purpose of condemning and selling conveyances and vehicles of transportation of any kind on account of their use in the transportation of prohibited liquors or beverages, if a judgment shall be entered against the state, the court c…

Ala. Code § 28-4-290 Advertisement and Sale by Sheriff, Etc., of Vehicle, Animal, Etc., Seized for Illegal Transportation of Liquor or Beverages Where Owner, Etc., Cannot Be Ascertained; Rights in Seized Vehicles, Animals, Etc., Disposed of Upon Such Sale by Sheriff or Sale by Court in Condemnation Proceedings

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Any sheriff or other officer who seizes or comes into possession of such vehicle, animal or property illegally used for the transportation of liquor or beverages within or into the state and does not know or cannot ascertain the possessor or owner thereof shall advertise and sell…

Ala. Code § 28-4-291 Disposition of Proceeds from Sale of Such Property Forfeited to State

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Unless otherwise provided by law, the proceeds of the sale of any such property forfeited to the state, whether sold by court order or by an officer under advertisement, shall, after paying all expenses in the action, or of advertisement, as the case may be, including the costs o…

Ala. Code § 28-4-292 Advertisement and Sale of Receptacles, Etc., of Prohibited Liquors and Beverages

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All vessels and receptacles of prohibited liquors and beverages such as handbags, suitcases or trunks, which have been seized in law enforcement and which are in the custody of any person or officer, after conviction of the parties from whom seized of the violation of the law in …

Ala. Code § 28-4-293 Property Rights in Prohibited Liquors and Beverages, Vessels, Vehicles, Etc., Kept, Used, Etc., for Purpose of Violating Temperance Laws, Etc.; Seizure, Forfeiture, Disposition, Etc., of Same Generally

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No property rights of any kind shall exist in prohibited liquors and beverages, vessels, fixtures, furniture, implements or vehicles kept or used for the purpose of violating any law for the promotion of temperance or the suppression of the evils of intemperance, nor in any such …

Ala. Code § 28-4-294 Preparation of Return by Officer Seizing Prohibited Liquors and Beverages; Officer to Report Delivery to Any Person, Destruction, Etc., of Same

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When any officer shall seize or take possession of any prohibited liquors and beverages in the enforcement of the law, he shall at once, in writing, make a return of his acts, with a statement of the quantity and kind of liquors and beverages to the court that has or secures juri…

Ala. Code § 28-4-295 Disposition of Prohibited Liquors and Beverages Held for Use as Evidence Upon Conviction of Person Possessing, Etc., Same

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Whenever prohibited liquors and beverages, or any of them, are seized and held for use as evidence before any court on the trial of any person for a violation of the prohibitory laws of the state or the prohibitory ordinance of any municipality and the person is convicted for vio…

Ala. Code § 28-4-296 Deposit with Alcoholic Beverage Control Board for Sale of Certain Confiscated Liquors and Beverages; Payment to County or Municipality by Board of Reasonable Value of Liquors and Beverages Received

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(a) All confiscated liquors and beverages which the Alcoholic Beverage Control Board will accept shall not be destroyed but shall be deposited with the Alcoholic Beverage Control Board for resale. All other liquors and beverages shall be disposed of as otherwise provided by law. …

Ala. Code § 28-4-297 Unlawful Disposition, Etc., of Contraband Liquors and Beverages by Custodian

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Any custodian of seized contraband liquor and beverages who shall permit the same to be improperly and unlawfully removed from his possession or shall give the same away to any person shall be punished, on conviction, by a fine of not less than $50.00 and by imprisonment at hard …

Ala. Code § 28-4-298 Article Not Intended to Secure Search of Premises of Bona Fide Druggists or Physicians

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This article is not intended to secure the search of the premises of bona fide druggists who sell or keep for sale alcohol only for medical, scientific or mechanical purposes or wine for sacramental purposes as authorized by law or of bona fide physicians who sell and keep for sa…

Ala. Code § 28-4-299 Forfeiture, Sale and Distribution of Proceeds of Sale of Contraband Generally

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In cases of all contraband property, as provided in this article, there shall be a remedy by complaint filed in the name of the state by the officer or other person, in accordance with any provisions of the prohibition laws of the state, to secure a judgment of forfeiture, sale a…

Ala. Code § 28-4-310 Governor Charged with Supervision, Etc., of Enforcement of Prohibition Laws; Governor May Require Reports from Officers Charged with Duty of Enforcing Laws; Failure of Officer to Make Report, Etc

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In order for the Governor to perform the duties imposed upon him by the Constitution, that he shall take care that the laws be faithfully executed, he is made the executive head of the law-enforcement machinery of the state and is charged with supervising and directing the enforc…

Ala. Code § 28-4-311 Appointment of Inspectors, Etc., to Detect and Report Violations of Prohibition Laws; Offer and Payment of Rewards for Convictions of Persons Violating Laws

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The Governor may appoint and employ, subject to the provisions of the Merit System, such inspectors or secret service men or such other persons as he may deem necessary for the purpose of detecting and reporting upon violations of the prohibition laws, or any of them, and contrac…

Ala. Code § 28-4-312 Governor May Require Attorney General to Prepare Instructions for Officers of State, Etc., for Enforcement of Laws; Publication and Distribution of Same

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The Governor, in his discretion, may require the Attorney General to prepare instructions to the officers of the state, counties or municipalities to aid them in enforcing the prohibition laws, to be published and distributed at the expense of the state, as directed by the Govern…

Ala. Code § 28-4-313 Prosecutions for Violations of Chapter, Etc., Begun by Affidavit or Indictment; Right of Person Charged to Demand Grand Jury Indictment; Continuation of Prosecution Upon Original Affidavit; Amendment of Affidavit or Complaint

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All prosecutions for a violation of any provision of this chapter or of any other law for the suppression of the evils of intemperance may be begun by affidavit as well as by indictment; and when begun by affidavit, the person charged shall not have the right to demand that a gra…