Alabama § 15-10-40 Issuance by Clerk, District Attorney or Judge

Alabama Statutes

§ 15-10-40 — Issuance by Clerk, District Attorney or Judge

Alabama § 15-10-40

Title 15Criminal Procedure

Ch. 10Arrests

Art. 3Issuance and Execution of Writ

This text of Alabama § 15-10-40 (Issuance by Clerk, District Attorney or Judge) 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 § 15-10-40 (2026).

Text

A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the indictment is returned by the grand jury commanding that writ of arrest issue; or it may be issued without order of court by the district attorney of the circuit or by any circuit judge. But if the defendant is in actual custody, he shall be held by virtue of the indictment and no writ of arrest need be issued, unless it is so ordered by the judge presiding when the indictment is found.

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A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the indictment is returned by the grand jury commanding that writ of arrest issue; or it may be issued without order of court by the district attorney of the circuit or by any circuit judge. But if the defendant is in actual custody, he shall be held by virtue of the indictment and no writ of arrest need be issued, unless it is so ordered by the judge presiding when the indictment is found.

Legislative History

(Code 1852, §601; Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284; Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)