Code of Alabama
Ala. Code § 12-22-91 (2026)
Appeal When Statute Under Which Prosecution Preferred Held Unconstitutional.
✓ official Alabama Legislature (ALISON) text, current July 2026
In all criminal cases when the act of the Legislature under which the indictment or information is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf of the state to the Supreme Court, which appeal shall be certified as other appeals in criminal cases, and the clerk must transmit, without delay, the record on appeal and the notice of appeal to the Supreme Court.
(Code 1886, §4515; Code 1896, §4315; Code 1907, §6246; Code 1923, §3239; Code 1940, T. 15, §370.)
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1981–2024 · leading case: Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016).
Ex parte State, 223 So. 3d 954 (Ala. Crim. App. 2016). “) The respondents argue, on the other hand, that the State has a right to appeal the circuit court’s ruling pursuant to § 12-22-91, Ala. Code 1975, and that, therefore, mandamus is not appropriate.”
Tarver v. State, 500 So. 2d 1232 (Ala. Crim. App. 1986). “The State is allowed to appeal in habeas corpus cases (§ 12-22-90, Code of Alabama 1975), when the statute under which the prosecution preferred is held to be unconstitutional (§ 12-22-91, Code of Alabama 1975) and from certain pre-trial orders of the trial judge in a felony…”
State v. Anderson, 8 So. 3d 1033 (Ala. Crim. App. 2008). “It is well settled that "`the State has a limited right to appeal; that right is governed by § 12-12-70, Ala.”
Ex Parte Nice, 407 So. 2d 874 (Ala. 1981). “Code 1975, § 12-22-91 (permitting the State to appeal from an order declaring a statute unconstitutional), is the only statutory authorization for review by appeal in favor of the State in a criminal prosecution. Currently, no rule of this Court expands this right.”
Ex Parte Sullivan, 779 So. 2d 1157 (Ala. 2000). “Code 1975 (providing that an appeal may be taken from a judgment declaring an ordinance or statute invalid); § 12-22-91, Ala.Code 1975 (providing that an appeal may be taken from a judgment holding an indictment or information unconstitutional); and by Rule 15.”
Ex Parte King, 23 So. 3d 77 (Ala. 2009). “Code 1975 (providing that an appeal may be taken from a judgment declaring an ordinance or statute invalid); § 12-22-91, Ala. Code 1975 (providing that an appeal may be taken from a judgment holding an indictment or information unconstitutional); and by Rule 15.”
Ex Parte State, 976 So. 2d 508 (Ala. Crim. App. 2007). “See § 12-22-91, Ala.Code 1975, and Rule 15.7, Ala.”
Ex Parte Gillentine, 980 So. 2d 966 (Ala. 2007). “Because Gillentine successfully had his manslaughter conviction set aside, however, the State now seeks to also have Gillentine's acquittal of the greater offenses set aside.”
State v. Clayton, 492 So. 2d 665 (Ala. Crim. App. 1986). “" Notice of appeal was filed by an assistant attorney general, pursuant to § 12-22-91, Code of Alabama 1975 , which provides: "In all criminal cases when the act of the legislature under which the indictment or information is preferred is held to be unconstitutional, the…”
Ex parte State of Alabama., 165 So. 3d 576 (Ala. 2014). “Code 1975 (an appeal from an order granting a petition for a writ of habeas corpus); § 12-22-91, Ala.Code 1975 (an appeal when an act of the legislature under which an indictment or information is preferred is held by a lower court to be unconstitutional); and by Rule 15.”
State v. C.M., 746 So. 2d 410 (Ala. Crim. App. 1999). “The State, pursuant to § 12-22-91, appealed Judge Storm’s ruling that the Act was unconstitutional as applied in these case.”
State v. CM, 746 So. 2d 410 (Ala. Crim. App. 1999). “The State, pursuant to § 12-22-91, appealed Judge Storm's ruling that the Act was unconstitutional as applied in these case.”
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