Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by […]
Section 15-10-41 Form of writ – Felony. When the indictment is for a felony, the writ of arrest may be substantially in the following form: State of Alabama, _____ County. To any sheriff of the state: An indictment having been found against A. B., at the ______ session, 20__, of the ______ court of _____ […]
Section 15-10-42 Form of writ – Misdemeanor. When the indictment is for a misdemeanor, the writ of arrest may be in the same form as that set out in Section 15-10-41; except, that after the words “commit him to jail,” there must be added the words, “unless he gives bail to answer such indictment.” (Code […]
Section 15-10-43 Alias and pluries writs. As many writs of arrest may be issued as necessary; and after any forfeiture is taken, another writ of arrest may be issued without an order. (Code 1852, §616; Code 1867, §4168; Code 1876, §4839; Code 1886, §4399; Code 1896, §5255; Code 1907, §6287; Code 1923, §3281; Code 1940, […]
Section 15-10-44 Execution of writ by sheriff or deputy. A writ of arrest may be executed by the sheriff of any county in the state or by his deputy. Such officers have the same powers and authority, in relation to arrest under a writ of arrest, as are by law conferred upon them in executing […]
Section 15-10-45 Execution of writs, attachments and other process in adjoining county. All writs of arrest, attachments, subpoenas for witnesses or other process issued by a court while in session shall be executed by the sheriff or his deputy or any person specifically designated for that purpose in any county adjoining that where such court […]
Section 15-10-46 Copy of arrest writ to be delivered to jailer. When any defendant is committed to jail under a writ of arrest, the sheriff must retain or deliver to the jailer a copy of the writ, which copy is as good authority for the detention of the defendant as the original writ. (Code 1852, […]
Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; failure of sheriffs to comply with section. (a) All writs of arrest, with the undertaking of bail when given, must be returned by the sheriff to the clerk of the court from which they were issued, with the proper return […]
