Code of Alabama
Ala. Code § 15-8-4 (2026)
Formal Defects Not Fatal.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
An indictment must not be held insufficient, nor can the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection in any matter of form which does not prejudice the substantial rights of the defendant on the trial.
(Code 1852, §592; Code 1867, §4142; Code 1876, §4815; Code 1886, §4367; Code 1896, §4895; Code 1907, §7133; Code 1923, §4528; Code 1940, T. 15, §231.)
Notes of Decisions
Cited in 9
cases, 1978–2016 · leading case: Evans v. State, 361 So. 2d 666 (Ala. 1978).
Evans v. State, 361 So. 2d 666 (Ala. 1978). “An indictment is an accusation in writing by the grand jury of the county charging a person with an indictable offense. Code of Ala. 1975, § 15-8-1.”
State v. Roffler, 69 So. 3d 225 (Ala. 2010). “Section 15-8-4, Ala.Code 1975, provides: *231 "An indictment must not be held insufficient, nor can the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection in any matter of form which does not prejudice the substantial rights of the…”
Garrison v. State, 521 So. 2d 997 (Ala. Crim. App. 1987). “" Furthermore, according to § 15-8-4, Code of Alabama (1975): "An indictment must not be held insufficient, nor can the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection in any matter of form which does not prejudice the substantial…”
Perry v. State, 439 So. 2d 823 (Ala. Crim. App. 1983). “Our review of the propriety of the trial court’s action in refusing to quash the indictment and of the validity of the indictment, itself, has been governed by practical, not technical, considerations. See, United States v. Cox, 664 F.”
Carroll v. City of Huntsville, 505 So. 2d 389 (Ala. Crim. App. 1987). “” § 15-8-4, Code of Alabama (1975). We find that the appellant was sufficiently informed that he was charged with the offense of driving under the influence of alcohol.”
Winston v. State, 470 So. 2d 1333 (Ala. Crim. App. 1985). “Our code, Code of Alabama 1975, § 15-8-4, says that for an indictment to be fatally defective, any error therein must be prejudicial to the substantial rights of the defendant.”
Clency v. State, 415 So. 2d 714 (Ala. Crim. App. 1982). “Section 15-8-4, Code of Alabama 1975; McKessick v.”
Deason v. State, 380 So. 2d 373 (Ala. Crim. App. 1980). “§ 15-8-4, supra. The trial court correctly overruled appellant’s demurrer in this cause.”
Hall v. State, 203 So. 3d 1284 (Ala. 2016). “Section 15-8-4, Ala.Code 1975, provides: “‘An indictment must not be held insufficient, nor can the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection in any matter of form which does not prejudice the substantial rights of the…”
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