Title 15 — Title 15

Any provisions of this title regulating procedure shall apply only if the procedural subject matter is not governed by rules of practice and procedure adopted by the Supreme Court of Alabama.

Years of Age; Confidentiality of Court Records of Victims Under 18 Years of Age. (a) The presiding judge of a judicial circuit, after consultation with the district attorney for the judicial circuit may provide for reasonable limits on the number of interviews a victim of sexual …

(a)(1) If at any stage of a criminal proceeding, protection from abuse proceeding, or juvenile court proceeding or during the juvenile court intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama Rules of Juvenile Procedure, the defendant…

Every person, whether an inhabitant of the State of Alabama or of any other state or country, is liable to punishment by the laws of Alabama for an offense committed in the state, except when it is by law exclusively cognizable in the United States courts. History: (Code 1852, §3…

Unless otherwise provided by law, the venue of all public offenses is in the county in which the offense was committed. History: (Code 1852, §393; Code 1867, §3941; Code 1876, §4632; Code 1886, §3716; Code 1896, §4968; Code 1907, §7225; Code 1923, §4891; Code 1940, T. 15, §91.)

Unnecessary. (a) Any person charged with an indictable offense may have his trial removed to another county, on making application to the court, setting forth specifically the reasons why he cannot have a fair and impartial trial in the county in which the indictment is found. Th…

On his own motion, a trial judge may, with the consent of the defendant, direct and order a change of venue as is authorized in Section 15-2-20 whenever, in his judgment, there is danger of mob violence, and it is advisable to have a military guard to protect the defendant from m…

When an application for a change of venue is presented to the court, the judge shall have authority to, and may, direct the issue of subpoenas for such number of witnesses for either the defendant or the state as he may deem just and proper to appear before the court on the heari…

of Venue in Misdemeanor Cases. When the defendant is charged with a misdemeanor, upon granting a change of venue, the court may provide that witnesses for the prosecution may be examined on interrogatories on such terms as the court may prescribe. History: (Code 1852, §656; Code …

When a change of venue is authorized, the trial must be removed to the nearest county free from exception, and it can be removed but once. History: (Code 1852, §655; Code 1867, §4207; Code 1876, §4912; Code 1886, §4486; Code 1896, §5310; Code 1907, §7852; Code 1923, §5581; Code 1…

When an order for the removal of a trial is made, the clerk of court must make out a transcript of all the entries, orders and proceedings in the case, including the organization of the grand jury, the indictment, the endorsements thereon, all the entries relating thereto, the un…

and Certification of Omitted Portion of Record. The defendant must be tried in the court to which the case is removed on the copy of the indictment certified pursuant to Section 15-2-25; and such court may, if necessary and on a proper showing, order the clerk of the court in whi…

At any time before the delivery of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses must be issued, on the application of either the defendant or the district attorney, by the clerk of the court in which the indictment was found, com…

When the commission of an offense commenced in the State of Alabama is consummated without the boundaries of the state, the offender is liable to punishment therefor in Alabama; and venue in such case is in the county in which the offense was commenced, unless otherwise provided …

State. When the commission of an offense commenced elsewhere is consummated within the boundaries of the State of Alabama, the offender is liable to punishment in Alabama, although he was out of the state at the commission of the offense charged, if he consummated it in this stat…

When property is stolen elsewhere and brought into the State of Alabama, venue is in any county into which the property is brought. History: (Code 1852, §399; Code 1867, §3947; Code 1876, §4638; Code 1886, §3722; Code 1896, §4974; Code 1907, §7231; Code 1923, §4897; Code 1940, T.…

When an offense is committed partly in one county and partly in another or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, venue is in either county. History: (Code 1852, §396; Code 1867, §3944; Code 1876, §4…

When an offense is committed on the boundary of two or more counties or within a quarter of a mile thereof or when it is committed so near the boundary of two counties as to render it doubtful in which the offense was committed, venue is in either county. History: (Code 1852, §39…

Etc. For the offenses specified in Sections 13-1-20, 13-1-21, 13-1-22 or 13-1-23, venue is in the county in which the offense was committed or in any other county into or through which the person upon whom it was committed may have been carried in the commission of the offense. H…

When property is stolen in one county and carried into another, venue is in either county. History: (Code 1852, §400; Code 1867, §3948; Code 1876, §4639; Code 1886, §3723; Code 1896, §4975; Code 1907, §7232; Code 1923, §4898; Code 1940, T. 15, §98.)

Except as otherwise provided by law, the prosecution of all felonies, except those specified in Section 15-3-3, Section 15-3-5, or any other felony that has a specified limitations period, shall be commenced within five years after the commission of the offense. History: (Code 18…

Unless otherwise provided, the prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the commission of the offense. History: (Code 1852, §404; Code 1867, §3952; Code 1876, §4644; Code 1886, §3711; Code 1896, §5071; Code 1907, …

A prosecution for conversion of the state or county revenue must be commenced within six years after the conversion. History: (Code 1876, §4641; Code 1886, §3708; Code 1896, §5068; Code 1907, §7345; Code 1923, §4929; Code 1940, T. 15, §220.)

A prosecution for unlawfully taking or using temporarily the property of another must be commenced within 30 days after the commission of the offense. History: (Code 1886, §3713; Code 1896, §5073; Code 1907, §7349; Code 1923, §4933; Code 1940, T. 15, §224.)

(a) There is no limitation of time within which a prosecution must be commenced for any of the following offenses: (1) Any capital offense. (2) Any felony involving the use, attempted use, or threat of, violence to a person. (3) Any felony involving serious physical injury or dea…

Subsequent Indictment Deducted from Time Limitation. When an indictment is lost, mislaid or destroyed, when a judgment is arrested or an indictment quashed for any defect therein, for the reason that it was not found by a grand jury regularly organized, because it charged no offe…

A prosecution may be commenced within the meaning of this chapter by finding an indictment, the issuing of a warrant or by binding over the offender. History: (Code 1852, §406; Code 1867, §3954; Code 1876, §4646; Code 1886, §3714; Code 1896, §5074; Code 1907, §7350; Code 1923, §4…

Any act or omission declared criminal and punishable in different ways by different provisions of law shall be punished only under one of such provisions, and a conviction or acquittal under any one shall bar a prosecution for the same act or omission under any other provision. H…

Summon Jury; Service, Compensation, and Oath of Jurors. (a) When a coroner has been informed that a person has been killed or suddenly died under such circumstances as to afford a reasonable ground for belief that such death has been occasioned by the act of another by unlawful m…

Exception; Disposition of Property and Proceeds Therefrom. (a) Within 30 days after an inquest on a dead body, the coroner must deliver to the county treasurer any money or other property which may be found on the body, unless claimed in the meantime by the legal representatives …

Examinations; Recovery of Costs by County Against Estate. Repealed by Act 2015-70 effective April 21, 2015. History: (Code 1852, §823; Code 1867, §4374; Code 1876, §4002; Code 1886, §4813; Code 1896, §4936; Code 1907, §7174; Code 1923, §4569; Code 1940, T. 15, §88.)

Internal Examination of Body and Report by Physician or Surgeon. (a) When a coroner has been informed that a person is dead in the county and that such person died without being attended or examined by a legally qualified physician, the coroner shall forthwith proceed to the plac…

In an inquest under this chapter, the coroner may issue subpoenas for witnesses returnable forthwith or at such time and place as he may appoint. He must summon and examine as a witness any person who, in his opinion or that of any of the jury, has any knowledge of the facts; and…

Endorsement as Presumptive Evidence of Default. (a) In an inquest under this chapter, the sheriff or any constable must serve subpoenas for witnesses or they may be served by the coroner. (b) If any witness, being subpoenaed, fails to attend, the coroner must endorse on the subpo…

In an inquest under this chapter, any witness who refuses to answer any question in relation to the cause of death, except on the ground that it may criminate himself, is guilty of a misdemeanor and must be committed to jail by the coroner, unless he gives bail in the sum of $500…

Coroners shall have the right to administer oaths to persons on preliminary examinations provided for by this chapter. History: (Code 1876, §4004; Code 1886, §4806; Code 1896, §4929; Code 1907, §7167; Code 1923, §4562; Code 1940, T. 15, §81.)

Inquisition. After inspecting the body and hearing the evidence, a jury summoned under this chapter must render its verdict and certify it by an inquisition in writing signed by it, setting forth who the person is and when, where and by what means he came to his death and, if the…

Undertaking of Witnesses to Appear in Court. (a) An inquisition taken under this chapter must be returned by the coroner forthwith, together with the written statement under oath taken by him on the preliminary investigation, to the clerk of the circuit court of the county. (b) T…

Accused Before Judge. (a) If a jury summoned under this chapter finds that the deceased came to his death by the act of another by unlawful means, the coroner may issue a warrant of arrest for such person, which may be executed in the same manner as provided in Chapter 7 of this …

A “search warrant” is an order in writing in the name of the state signed by a judge, or by a magistrate authorized by law to issue search warrants, and directed to the sheriff or to any constable of the county, commanding him to search for personal property and bring it before t…

(a) When a search warrant is sued out on the ground specified in subdivision (1) of Section 15-5-2, the property may be taken under the warrant from any house or other place in which it is concealed, from the possession of any person by whom it was stolen or embezzled or from any…

When an officer takes property under a search warrant, he must give a receipt to the person from whom it was taken or in whose possession it was found if required. History: (Code 1852, §836; Code 1867, §4387; Code 1876, §4016; Code 1886, §4737; Code 1896, §5494; Code 1907, §7767;…

A search warrant must be executed and returned to the judge or the magistrate by whom it was issued within 10 days after its date; if not executed after such time, it is void. History: (Code 1852, §837; Code 1867, §4388; Code 1876, §4017; Code 1886, §4738; Code 1896, §5495; Code …

In his return of a search warrant to the judge or the magistrate, the officer serving such must specify with particularity the property taken, and the applicant for the warrant and the persons from whose possession the property was taken are entitled to a copy of the return, sign…

When the property is taken under a search warrant, it shall be delivered to the court issuing the warrant. If the property was stolen or embezzled, the court shall cause it to be delivered to the owner, on satisfactory proof of his title and the payment by him of all fees. If the…

Such Facts. If the grounds on which a search warrant was issued be controverted, the judge or the magistrate must proceed to hear the testimony, which must be reduced to writing and authenticated in the manner prescribed in Section 15-5-4. History: (Code 1852, §840; Code 1867, §4…

to Court If Not Restored. (a) If it appears that the property taken is not the same as that described in a search warrant or that there is no probable cause for believing the existence of the ground on which the warrant issued, the judge or the magistrate must direct it to be res…

Judge’s or Magistrate’s Presence. When a person charged with a felony is supposed by the judge or the magistrate before whom he is brought to have upon his person a dangerous weapon or anything which may be used as evidence of the commission of the offense, the judge or the magis…

The complainant must pay the fees of a search warrant before he is entitled to the same, and must also pay the officer his fees for the execution before the same is executed; and if, on the hearing, it appears that there was no probable cause for believing the existence of the gr…

Any person who maliciously and without probable cause procures a search warrant to be issued and executed shall be fined on conviction not less than $20.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more …