Code of Alabama

Ala. Code § 15-8-71 (2026)

Withdrawal and Filing of Indictment with Leave to Reinstate Same.

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

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In all criminal cases in the circuit court in which a capias or warrant of arrest has issued for two terms and has been returned “not found,” the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement. In all cases where a defendant is confined in one of the Alabama state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney may, by leave of the court, withdraw and file the indictment, with leave to reinstate the same when the ends of justice require such reinstatement.

(Code 1867, §4149; Code 1876, §4822; Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T. 15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2002–2026 · leading case: Skinner v. State, 843 So. 2d 820 (Ala. Crim. App. 2002).

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Skinner v. State, 843 So. 2d 820 (Ala. Crim. App. 2002). · cites it 5× “" [1] On March 5, 1997, the State filed a "Motion to Withdraw and File with Leave to Reinstate" pursuant to § 15-8-71, Ala. Code 1975, requesting permission to withdraw and file the indictment, i.”

State of Alabama v. Jeri Bonar (Ala. Crim. App. 2026). · cites it 2× “§ 15-8-71, Ala. Code 1975. Still, even assuming that subject-matter jurisdiction lies with the circuit court, the important question of personal jurisdiction remains.”

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