Title 15 — Title 15

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. History: (Code 1852, §570; Code 1867, §4120; Code 1876, §4793; Cod…

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. History: (Code 1852, §569; Code 1867, §4119; Code 1876, §4792; Code 1886, §4370; Code 1896, §4898; Code 1907, §7136; Code 1…

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. History: (Code 1852, §571; Code 1867, §4121; Code 1876, §4794; Code 1886, §4372; Code 1896, §4900; C…

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 ru…

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. History: (Code 1852, §572; Code 1867, §4…

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…

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. History: (Code 1852, §566; Code 1867, §4116; Code 1876, §4789; Code 1886, §4377; Code 1896, §4905; Code 1907, §7143; Code 1923, §4538; Code 1940,…

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. History: (Code 1852, §567; Code 1867, §4117; Code 1876, §4790; Code 1886, §4378; Code 189…

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. History: (Code 1852, §563; Code 1867, §4113; Code 1876, §4786; Code 1886, §4376; Code 1896, §4904; Code 1907, §7142; Code …

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. History: (Code 185…

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.” History: (Code 1852, §561; Code 1867, §4111; Code 1876, §4784; Code 1886, §436…

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 …

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. History: (Code 1852, §564; Code 1867, §4114; Code 1876, §4787; C…

Unnecessary. Presumptions of law and matters of which judicial notice is taken need not be stated in an indictment. History: (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.)

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…

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. History: (Code 1852, §588; Code 1867, §…

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. History: (Code 1852, §581; Code 1867, §4131; Code 1876, …

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 s…

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. History: (Code 1852, §592…

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. History: (Code 1852, §578; Code 1867, §4128; Code 1876, §4801; Code 1886, §4369; Co…

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. History: (Code 1852, §573; Code 1867, §4123; Code 1876, §4796; Code 1886, §4383; Code 1896, §4911; Code 1907,…

When an act is criminal, if producing different results, such results may be charged in an indictment in the same count in the alternative. History: (Code 1852, §574; Code 1867, §4124; Code 1876, §4797; Code 1886, §4384; Code 1896, §4912; Code 1907, §7150; Code 1923, §4545; Code …

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. History: (Code 1852, §575; Code 1867, §4125; Code 1876, §4798; Code 1886, §4385; Code 1896…

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 t…

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 just…

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…

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. History: (Code 1852, §593; Code 1867, §4143; Code 1876, §4816; C…

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 …

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 att…

Citizenship. When a treaty is in effect between the United States and a foreign country that provides for the transfer of convicted offenders who are citizens or nationals of the foreign country, the Governor of Alabama or the Commissioner of the Department of Corrections, if des…

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 guilt…

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 p…

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 discre…

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 st…

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…

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 invest…

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 n…

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 oth…

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…

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 o…

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 cri…

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 …

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 s…

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 commit…

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…

Arrest; Appearance of Accused Before Judge. (a) An officer or private citizen, without a warrant, may lawfully arrest an individual upon reasonable information that the individual stands charged in the courts of another state with any of the following: (1) A crime punishable by d…

If, from the examination before the district or circuit court judge, it appears that the person held is the person charged with having committed the crime alleged, that he probably committed the crime and, except in cases arising under Section 15-9-34, that he has fled from justi…

Conditions of Bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the district or circuit court judge must admit the person arrested to bail by bond o…

Warrant Within Time Specified. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond or undertaking, the district or circuit court judge may discharge him, may recommit him to a further day or may again take bail…

If the prisoner is admitted to bail and fails to appear and surrender himself according to the condition of his bond, the court, by proper order, shall declare the bond forfeited, and recovery may be had thereon in the name of the state as in the case of other bonds or undertakin…