No person shall be tried on an indictment presented by the grand jury until at least one entire day after the case has been placed upon the trial docket of the court, except with the consent of the defendant. This section shall not apply to cases where an indictment has been quashed or demurrer sustained thereto and a new indictment for identical offense is returned on the same day.
(Acts 1919, No. 119, p. 104; Code 1923, §5566; Code 1940, T. 15, §317.)
Notes of Decisions
Cited in
2
cases, 1985–2006 · leading case:
Hays v. State, 518 So. 2d 749 (Ala. Crim. App. 1985).
Hays v. State, 518 So. 2d 749 (Ala. Crim. App. 1985).
· cites it 2× “" The names of the witnesses that had been subpoenaed by the defense were read and it was determined whether they were available for trial.”
McRae v. Booth, 938 So. 2d 432 (Ala. Civ. App. 2006).
· cites it 2× “The circuit court opined that because none of four specified Alabama statutes (Ala.Code 1975, §§ 15-14-2, 25-5-77, 27-19-3, and 27-20-5) authorized an autopsy under the circumstances of the case, the daughter was not entitled to defer the burial of the decedent's body.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.