Terms Used In Alabama Code 15-8-110

  • 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.

When an indictment is lost, mislaid or destroyed, the court may, on satisfactory proof thereof, order another indictment to be preferred at the session at which such proof is made or at a subsequent session, in which case an entry of record must be made to the effect following:

“The State)

In this case, it appearing to the court that an indictment was preferred against the defendant at the _____ session, 20__, (stating the time) and that said indictment is lost,

v.)

A. B.)

mislaid or destroyed; it is, therefore, ordered that a new indictment be preferred against the defendant for the same offense.”