Code of Alabama
Ala. Code § 15-8-130 (2026)
Permission of Court Required to Quash, Dismiss, Etc., Indictment.
✓ official Alabama Legislature (ALISON) text, current July 2026
An indictment must not be quashed, dismissed, discontinued or abandoned without the permission of the court, and such permission must be entered of record.
(Code 1852, §599; Code 1867, §4150; Code 1876, §4823; Code 1886, §4393; Code 1896, §4921; Code 1907, §7159; Code 1923, §4554; Code 1940, T. 15, §257.)
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1978–2025 · leading case: Duncan v. State, 369 So. 2d 885 (Ala. Crim. App. 1979).
Duncan v. State, 369 So. 2d 885 (Ala. Crim. App. 1979). “See Title 15, § 257, Code of Alabama 1940 (§ 15-8-130 Code of Ala.1975). "While § 4-106(f) of Act 1205, Regular Session 1975 (§ 15-11-1, Code of Ala.”
State v. McNeill, 716 So. 2d 250 (Ala. Crim. App. 1998). “was intended to modify and condition the absolute power of the Executive, consistently with the Framer's concept of Separation of Powers, by erecting a check on the abuse of executive prerogatives.”
Gipson v. State, 375 So. 2d 504 (Ala. Crim. App. 1978). “Section 15-8-130, Code 1975, provides: "An indictment must not be quashed, dismissed, discontinued or abandoned without the permission of the court, and such permission must be entered of record.”
Melvin Ray v. Donal Campbell, 284 F. App'x 773 (11th Cir. 2008). “Ala. Code § 15-8-130 . Reindictment for the same offense does not have the effect of dismissing the first indictment.”
State of Alabama v. Donald McMillian, Jr. (Ala. Crim. App. 2025). “(providing that a motion to dismiss the indictment "may be based upon … the failure of the indictment to charge an offense"), and § 15-8-130, Ala. Code 1975 (providing that an indictment may be dismissed with permission of the court).”
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.