Ala. Code
Code of Alabama

Ala. Code § 12-16-10 (2026)

Provision of Lodging and Meals for Jurors, Etc., When Jury Kept Together Without Separation Overnight, Etc.; Presumption as to Separation of Jurors on Basis of Sex.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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Whenever a jury is, by order of the court, kept together without separation during any night or for any unusual length of time, it is the duty of the sheriff, with the approval of the court, at the expense of the state, to provide for the jurors and the bailiffs or deputy sheriffs in charge of or attending said jury suitable lodging and meals. If a jury composed of both men and women is kept together overnight, separate lodging shall be provided for jurors of each sex.

A separation solely by reason of sex, while in the custody of bailiffs or deputy sheriffs, shall not create a presumption of prejudice to an accused, but on the contrary it shall be prima facie presumed that the accused was not prejudiced by reason of the separation of the jury by sexes.

(Code 1876, §4887; Code 1886, §4452; Code 1896, §5276; Code 1907, §7310; Code 1923, §8692; Acts 1939, No. 60, p. 92; Code 1940, T. 30, §97; Acts 1967, No. 303, p. 846; Acts 1978, No. 821, p.1207, §1.)

Notes of Decisions
Cited in 4 cases, 1992–2002 · leading case: Ex parte Pierce, 851 So. 2d 606 (Ala. 2000).
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Ex parte Pierce, 851 So. 2d 606 (Ala. 2000). · cites it 2× “Pursuant to Ala.Code 1975, § 12-16-10, "it is the duty of the sheriff.”
Harris v. State, 632 So. 2d 503 (Ala. Crim. App. 1992). “"Section 12-16-10, Code of Alabama 1975, establishes the duty of the sheriff to provide suitable lodging and meals for members of a sequestered jury.”
Pierce v. State, 851 So. 2d 558 (Ala. Crim. App. 1999). · cites it 2× “However, I do not believe that even if the sheriff personally explained to the jury its overnight lodging arrangements, that that indicated that the Sheriff would be present and in a close and continual association with the jury. *597 These comments indicate that the sheriff was…”
Ex parte Pierce, 851 So. 2d 618 (Ala. 2002). · cites it 2× “" See also § 12-16-10, Ala.Code 1975 (requiring the sheriff to make arrangements for a sequestered jury).”
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