Alabama § 15-21-14 Issuance of Precept; Execution of Precept by Sheriff or Constable

Alabama Statutes

§ 15-21-14 — Issuance of Precept; Execution of Precept by Sheriff or Constable

Alabama § 15-21-14

Title 15Criminal Procedure

Ch. 21Habeas Corpus

This text of Alabama § 15-21-14 (Issuance of Precept; Execution of Precept by Sheriff or Constable) 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 § 15-21-14 (2026).

Text

(a)At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff or constable of the state, commanding him to have the body of the person who is imprisoned or restrained produced before the officer before whom the writ is returnable at the time and place at which it is returnable.

(b)Such precept must be executed by any sheriff or constable into whose hands it may come according to its mandate.

(c)If the party is brought before the court or judge by virtue of a precept issued under the provisions of this section, the case must be heard and determined as if he had been produced in return to the writ.

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(a) At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff or constable of the state, commanding him to have the body of the person who is imprisoned or restrained produced before the officer before whom the writ is returnable at the time and place at which it is returnable.
(b) Such precept must be executed by any sheriff or constable into whose hands it may come according to its mandate.
(c) If the party is brought before the court or judge by virtue of a precept issued under the provisions of this section, the case must be heard and determined as if he had been produced in return to the writ.

Legislative History

(Code 1852, §§720, 727; Code 1867, §§4271, 4278; Code 1876, §§4947, 4954; Code 1886, §§4771, 4778; Code 1896, §§4824, 4831; Code 1907, §§7019, 7026; Code 1923, §§4318, 4325; Code 1940, T. 15, §§14, 21.)