Code of Alabama

Ala. Code § 15-8-26 (2026)

Charging of Unknown Facts.

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

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Any fact which is unknown to the grand jury and which is not a material ingredient of the offense may be so charged in the indictment.

(Code 1852, §566; Code 1867, §4116; Code 1876, §4789; Code 1886, §4377; Code 1896, §4905; Code 1907, §7143; Code 1923, §4538; Code 1940, T. 15, §241.)

Notes of Decisions

Cited in 2 cases, 1989–1991 · leading case: Acres v. State, 548 So. 2d 459 (Ala. Crim. App. 1989).

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Acres v. State, 548 So. 2d 459 (Ala. Crim. App. 1989). · cites it 2× “Ala.Code (1975), § 15-8-26. Such was done in the instant indictment, for the indictment alleged the "theft of lawful currency or coinage, or currency and coinage of the United States of America .”

Dutton v. State, 587 So. 2d 1046 (Ala. Crim. App. 1991). · cites it 2× “See generally Ala.Code § 15-8-26 (1975). The name of the poison went to the means, however, and was subject to demurrer.”

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