Alabama § 12-22-244 Duty of Defendant on Bail to Surrender Upon Affirmation of Conviction or Dismissal of Appeal

Alabama Statutes

§ 12-22-244 — Duty of Defendant on Bail to Surrender Upon Affirmation of Conviction or Dismissal of Appeal

Alabama § 12-22-244

JurisdictionAlabama

Title 12Courts

Ch. 22Appellate Proceedings

Art. 2Criminal Cases

Div. 7Disposition of Appeals

This text of Alabama § 12-22-244 (Duty of Defendant on Bail to Surrender Upon Affirmation of Conviction or Dismissal of Appeal) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-22-244 (2026).

Text

When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must be issued, and so on until the judgment has been executed. If the defendant is taken on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be carried out as if no appeal had been taken.

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When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, he is bound by the undertaking of bail to surrender himself to the sheriff, at the county jail, within 15 days from the date of such affirmance or dismissal. If he shall fail to do so, the sheriff must endorse the bail bond forfeited, and a writ of arrest must be issued by the clerk; if not executed, another must be issued, and so on until the judgment has been executed. If the defendant is taken on such writ or if he shall surrender himself to the sheriff, the sentence must, without delay, be carried out as if no appeal had been taken.

Legislative History

(Code 1852, §755; Code 1867, §4306; Code 1876, §4982; Code 1886, §4513; Code 1896, §4321; Code 1907, §6252; Acts 1911, No. 463, p. 626; Code 1923, §3245; Code 1940, T. 15, §376.)