Alabama § 15-15-44 When Plea on Ground Grand Jurors Improperly Drawn to Be Filed; Procedure When Plea Sustained

Alabama Statutes

§ 15-15-44 — When Plea on Ground Grand Jurors Improperly Drawn to Be Filed; Procedure When Plea Sustained

Alabama § 15-15-44

Title 15Criminal Procedure

Ch. 15Pleading

Art. 3Pleas in Abatement

This text of Alabama § 15-15-44 (When Plea on Ground Grand Jurors Improperly Drawn to Be Filed; Procedure When Plea Sustained) 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 § 15-15-44 (2026).

Text

A plea to an indictment, on the ground that the grand jurors by whom it was found were not drawn in the presence of the officers designated by law must, if the accused has been arrested, be filed at the session at which the indictment is found, and, if the accused has not been arrested, it must be filed at the first session at which it is practicable after the defendant’s arrest; and, in all cases before a plea to the merits, if sustained, the defendant must not be discharged but must be held in custody or bailed, as the case may be, to answer another indictment at the same or the next session of the court, and the time elapsing between the first and second indictments, in such case, must not be computed as a part of the period limited by law for the prosecution of the offense.

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A plea to an indictment, on the ground that the grand jurors by whom it was found were not drawn in the presence of the officers designated by law must, if the accused has been arrested, be filed at the session at which the indictment is found, and, if the accused has not been arrested, it must be filed at the first session at which it is practicable after the defendant’s arrest; and, in all cases before a plea to the merits, if sustained, the defendant must not be discharged but must be held in custody or bailed, as the case may be, to answer another indictment at the same or the next session of the court, and the time elapsing between the first and second indictments, in such case, must not be computed as a part of the period limited by law for the prosecution of the offense.

Legislative History

(Code 1852, §636; Code 1867, §4188; Code 1876, §4890; Code 1886, §4446; Code 1896, §5270; Code 1907, §7573; Code 1923, §5203; Code 1940, T. 15, §286.)