The Penal Code of Alabama (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 Excerpt: ...commitment may be in substance as follows: "The State of Alabama, ). -, County. ) To the jailor of county:: "On the examination of A. B., charged with the offense of murder," or other offense, as the case may be, describing it by name, or so that it may be clearly inferred, " it appearing that such offense has been committed, and that there is sufficient eause to believe that A. B. is guilty thereof; you are therefore commanded to receive him into your custody, and detain him uatil he is legally "discharged. Dated this day of, 1 86--.-"C. D., justice of the peace," or other officer, as the case may be. % 464. Defenda/rii, if committed, may elect to perform hard labor for county.--rlf the defendant is charged with a misdemeanor, and is ordered to be committed to the county jail, he may elect to perform hard labor for the county; and if he so elect, it shall be the duty of the magistrate to make an order allowing him to do so, and to certify that fact to the court at which he is required to appear; and if he is convicted when tried, it shall be the duty of the court, in determining his punishment, to take into consideration the;amount of labor performed by him.. 465. Bail taken by sheriff, .on commitment for bailable Chap. 5. Preliminary proceedings, etc. offense.--Whenever a person is committed to jail, for a bailable offense, under the provisions of this chapter, the magistrate must endorse on the commitment the amount of bail required, and sign his name thereto; and the sheriff of the county to which he is committed may discharge hiin, on giving sufficient bail in the amount so endorsed; and must, in such case, return the undertaking to the court to.which such persou is bound to appear, within five days thereaft...