Alabama Code 15-10-41. Form of writ – Felony
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Terms Used In Alabama Code 15-10-41
- Arrest: Taking physical custody of a person by lawful authority.
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: means next after. See Alabama Code 1-1-1
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
When the indictment is for a felony, the writ of arrest may be substantially in the following form:
State of Alabama,
_____ County.
To any sheriff of the state:
An indictment having been found against A. B., at the ______ session, 20__, of the ______ court of _____ County, for the offense of ______ (describing the offense so as to show that it is a felony), you are, therefore, commanded forthwith to arrest the said defendant and commit him to jail; and that you return this writ according to law.
| (signed) C. D., | |
| Clerk of the circuit court of _____ Ccounty. | |
| Dated this _____ day of ______, 20__. |