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; […]
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.)
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; […]
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; […]
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, […]
