When any question of law is reserved in case of a felony and it shall be made known to the court that the defendant desires to take an appeal to the appropriate appellate court, judgment must be entered against the defendant, but execution thereof must be stayed pending the appeal and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the judge must direct the clerk of the court in which the conviction is had to admit the defendant to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance at the court, from time to time thereafter, as fixed by the court to abide such judgement as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876, §4980; Code 1886, §4511; Code 1896, §4318; Code 1907, §6249; Acts 1911, No. 114, p. 113; Acts 1911, No. 463, p. 626; Acts 1923, No. 105, p. 87; Code 1923, §3241; Code 1940, T. 15, §372; Acts 1951, No. 803, p. 1401.)
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1980–2024 · leading case:
Ex Parte Ziglar, 604 So. 2d 384 (Ala. 1992).
Ex Parte Ziglar, 604 So. 2d 384 (Ala. 1992).
· cites it 18× “First, the provisions of Ala.Code 1975, § 12-22-170, under which the petitioner initially forced his release on bail while he appealed his manslaughter conviction, provide not a substantive right, but only a procedural right.”
Ex Parte Jones, 444 So. 2d 888 (Ala. 1983).
· cites it 8× “IT IS FURTHER ORDERED that the provisions of Rule 39(f) and (g), Alabama Rules of Appellate Procedure, be, and the same are hereby, suspended, and this cause is remanded to the Court of Criminal Appeals with directions to enter an order remanding this cause to the Circuit Court…”
Ex Parte Watson, 757 So. 2d 1107 (Ala. 2000).
· cites it 6× “1958),] Title 15, §§ 368 and 372 [Ala. Code 1975, § 12-22-170]," [1] the Code Commissioner's note to that Code section and the committee comments to Rule 7.”
Smith v. State, 447 So. 2d 1334 (Ala. 1984).
“Wakefield had indeed appealed his case, but he had been improperly sentenced to 45 years of imprisonment, and because of the length of his sentence, was not entitled to apply for bail pending his appeal under the provisions of Code 1975, § 12-22-170. The Court of Criminal…”
Smith v. State, 435 So. 2d 221 (Ala. Crim. App. 1983).
· cites it 2× “I Alabama Code § 12-22-170 (1975) admits convicted felons to bail pending appeal.”
Kandola v. State, Cr-10-1132 (ala.crim.app. 7-29-2011), 77 So. 3d 1209 (Ala. Crim. App. 2011).
· cites it 2× “We question the continued validity of our holding in Wakefield given that the statute relied on for the issuance of the writ of mandamus, § 12-22-170, Ala.Code 1975, has been superseded by the Alabama Supreme Court’s adoption of Rule 7.”
State v. Welch, 136 So. 3d 481 (Ala. 2013).
· cites it 19× “I conclude that the statutory right to postconviction bail is substantive, not merely procedural, and that § 12-22-170 was not superseded by Rule 7.”
Floyd v. State, 389 So. 2d 967 (Ala. Civ. App. 1980).
“The provisions of Alabama Code 1975, Section 12-22-170, governing bail pending appeal after conviction are not within the influence of the Alabama Constitution of 1901, Section 6, which prohibits excessive bail.”
Ex parte Willis, 456 So. 2d 327 (Ala. 1983).
· cites it 4× “1980), and § 12-22-170, Code of Alabama, 1975. In Vogel , police officers who were patrolling an isolated dirt road near an abandoned air strip on which they had previously run across persons “hunting squirrel out of season,” “love making,” “drinking beer” and so forth found the…”
State v. Herring, 950 So. 2d 1219 (Ala. Crim. App. 2006).
· cites it 10× “Thus, Section (c) modifies Ala.Code 1975, § 12-22-170, which unconditionally allowed bail if the sentence did not exceed twenty (20) years.”
State v. Maxwell, 675 So. 2d 546 (Ala. Crim. App. 1996).
“” This rule modified § 12-22-170, which unconditionally allowed the release on bail or on personal recognizance all defendants who were appealing their convictions if their sentence was 20 years or less.”
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