Code of Alabama

Ala. Code § 15-8-5 (2026)

Construction of Words Used.

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The words used in an indictment must be construed in their usual acceptation in common language, except words and phrases defined by law, which must be construed according to their legal meanings.

(Code 1852, §578; Code 1867, §4128; Code 1876, §4801; Code 1886, §4369; Code 1896, §4897; Code 1907, §7135; Code 1923, §4530; Code 1940, T. 15, §233.)

Notes of Decisions
Cited in 2 cases, 1988–2010 · leading case: State v. Roffler, 69 So. 3d 225 (Ala. 2010).
State v. Roffler, 69 So. 3d 225 (Ala. 2010). · cites it 2× “This specific principle is expressly noted in § 15-8-5, [Ala.Code 1975,] which directs that `words used in an indictment must be construed in their usual acceptation in common language.”
Rogers v. State, 539 So. 2d 451 (Ala. Crim. App. 1988). “' § 15-8-5. The terms `sexual intercourse' and `forcible compulsion' are defined by statute.”
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