Code of Alabama

Ala. Code § 15-15-40 (2026)

Objection to Formation of Grand Jury or Indictment Generally.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) No objection to an indictment on any ground going to the formation of the grand jury which found the same can be taken to the indictment except by a plea in abatement to the indictment, and no objection can be taken to an indictment by a plea in abatement except upon the ground that the grand jurors who found the indictment were not drawn by the officer designated by law to draw the same; but neither this objection nor any other can be taken to the formation of a special grand jury summoned by the direction of the court.

(b) No objection can be taken to an indictment, by plea in abatement or otherwise, on the ground that any member of the grand jury was not legally qualified, that the grand jurors were not legally drawn or summoned or on any other ground going to the formation of the grand jury except that the jurors were not drawn in the presence of the officers designated by law; and neither this objection nor any other can be taken to the formation of a special grand jury summoned by the direction of the court.

(Code 1852, §635; Code 1867, §4187; Code 1876, §4889; Code 1886, §4445; Code 1896, §5269; Code 1907, §7572; Acts 1909, No. 227, p. 305; Code 1923, §§5202, 8630; Code 1940, T. 15, §§278, 285.)

Notes of Decisions

Cited in 4 cases, 1983–1999 · leading case: Brewer v. State, 440 So. 2d 1155 (Ala. Crim. App. 1983).

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Brewer v. State, 440 So. 2d 1155 (Ala. Crim. App. 1983). · cites it 2× “See Ala. Code § 15-15-40 (1975). Additionally, the trial court had the authority not to return Mr.”

State v. Jones, 753 So. 2d 1211 (Ala. Crim. App. 1999). · cites it 3× “Jones ignores § 15-15-40, which severely limits objections that may be raised to an indictment based on the formation of a grand jury.”

Thomas v. State, 622 So. 2d 415 (Ala. Civ. App. 1992). · cites it 2× “[§ 15-15-40], and the construction placed thereon by our Supreme Court.”

Hayes v. Alabama, 566 F. Supp. 108 (S.D. Ala. 1983). · cites it 2× “2d 174, 180 (1964); Ala. Code §§ 15-15-40 ,-41 (1977). Where the state court would not pass on the merits because of procedural default and the states have consistently so ruled, it is not necessary to present the issue to the state court prior to consideration by a district…”

— Ala. Code § 15-15-40(b) — 1 case

Thomas v. State, 622 So. 2d 415 (Ala. Civ. App. 1992). “[§ 15-15-40], and the construction placed thereon by our Supreme Court.”

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