Code of Alabama
Ala. Code § 28-4-318 (2026)
Grand Jury Proceedings Generally - Exemption from Prosecution of Witnesses.
✓ official Alabama Legislature (ALISON) text, current July 2026
A witness must not be prosecuted for any offense as to which he testifies before the grand jury, and the district attorney or any member of the grand jury may be a witness to prove that fact.
(Acts 1909, No. 191, p. 63; Code 1923, §4635; Code 1940, T. 29, §111.)
Notes of Decisions
Cited in 3
cases, 1978–1979 · leading case: Yarber v. State, 368 So. 2d 868 (Ala. Crim. App. 1978).
Yarber v. State, 368 So. 2d 868 (Ala. Crim. App. 1978). “He argues this amounted to his being made a witness before the grand jury and as such, under § 28-4-318, Code of Ala.1975, was entitled to immunity from prosecution.”
Gipson v. State, 375 So. 2d 514 (Ala. 1979). “Additionally, the principle of inclusio unis est exclusio alterius may well apply in this instance because of Code of 1975, § 28-4-318 and § 13-7-29. Moreover, the distinction between "transactional" and "use" immunity is too tenuous for utilization by the parties to the…”
Gipson v. State, 375 So. 2d 504 (Ala. Crim. App. 1978). “Some of those situations are listed below: Witnesses appearing before the grand jury concerning liquor violations, Code of Alabama (1975), Section 28-4-318; witnesses appearing before the grand jury concerning gaming and lottery cases, Code of Alabama (1975), Section 13-7-29;…”
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.