Death Sentence, Execution of.

118 Ala. 657 (23 So. 1005); Boyd v. State, 116 Ala. 670 (23 So. 1005); Howell v. State, 110 Ala. 23 (20 So. 449). An appeal alone can in no case operate the suspension of the sentence, it requires an order of the court.-White v. State, 134 Ala. 197 (32 So. 320). Crimes enumerated for which the death penalty is inflicted in this state.-Brown v. State, 109 Ala. 70 (20 So. 103). Verdict, sufficiency of to support death sentence.-Webb v. State, 138 Ala. 53 (34 So. 1011). Date of execution fixed by the supreme court on affirmance.-Johnson v. State, 87 Ala. 39 (6 So. 400). The sentence must be executed by proper officer and to support a death sentence the record must disclose an observance of the statute. Affirmance of judgment and sentence, common law and statute discussed.-Gray v. State, 55 Ala. 86. A recital that "the defendant being asked by the court if he had anything to say why the sentence of the law should not be pronounced upon him, said nothing, whereupon the court sentenced the defendant to be hanged by the neck until he is dead,” is not sufficient. Gray v. State, 55 Ala. 86. Form of death sentence in case of affirmance on appeal.-Duncan v. State, 88 Ala. 31 (7 So. 104); Perkins v. State, 66 Ala. 457.

7640. (5431) (4666) (4616) (3918) (370) By whom executed. The sentence of courts, directing the execution of a person according to the provisions of the preceding section, must be executed by the sheriff or his deputy, or by the officer acting in his place.

(Clay's Digest, p. 438, § 2.)

7641. (5432) (4667) (4617) (3919) (371) Where executed. (r.c.c.) -The punishment of death must be inflicted either in the prison where the convict is confined, or in some other building or inclosure, which must be closed from public view; and no person shall be permitted to be present or witness such punishment except those who are specially permitted to do so by law, and any sheriff who permits any person except those allowed by law to witness or be present at any execution, must, on conviction, be fined not less than one hundred nor more than one thousand dollars.

(Clay's Digest, p. 438, § 3; Dec. 3, 1878, p. 45.) Rains's case, 88 Ala. 91, 100 (7 So. 315); Liles's case, 30 Ala. 24.

7642. (5433) (4668) (4618) (3920) (372) Notice; officers and physicians may be present.-Such officer must give at least three days' previous notice to the judge of the probate court, the clerk of the circuit or city court, at least three justices of the peace, if there be so many in the county, and not more than three physicians in the neighborhood, who may be present and witness the execution; and the persons thus attending must make out and sign a certificate in writing, declaring that they witnessed the execution of the convict pursuant to his sentence.

(Clay's Digest, p. 438, § 3.)

7643. (5434) (4669) (4619) (3921) (373) Who else allowed (r.c.c.) to be present.-Such officer must also permit the counsel of

(r.c.c.)

Death Sentence, Execution of.

the convict, and such ministers of the gospel as he may desire, and his relations to be present; and also such officers of the prison, six deputies, constables, military guard, as he may think proper.

(Clay's Digest, p. 438, § 3.)

7644. (5435) (4670) (4620) (3922) (374) Pregnancy of female convict; jury summoned. If there is reason to believe that a female convict is pregnant, the sheriff must, with the concurrence of a judge of the circuit or city court, summon a jury of six disinterested persons, as many of whom must be physicians as practicable.

(Clay's Digest, p. 438, § 4.)

7645. (5436) (4671) (4621) (3923) (375) Same; fact determined by jury; notice to solicitor. The sheriff must also give notice to the solicitor, or, in his absence, to any attorney who may be appointed by a circuit or city judge to represent the state, and who has authority to issue subpoenas for witnesses; and the jury, under the direction of the sheriff or officer acting in his place, must proceed to ascertain the fact of pregnancy; and must state their conclusion in writing, signed by them and the sheriff.

7646. (5437) (4672) (4622) (3924) (376) Same; if with child, sentence suspended and finding transmitted to governor. If such jury are of opinion, and so find, that the convict is with child, the sheriff, or officer acting in his place, must suspend the execution of the sentence, and transmit the finding of the jury to the governor.

(Clay's Digest, p. 438, § 5.)

7647. (5438) (4673) (4623) (3925) (377) Same; when not with child, governor issues warrant, and sentence executed.— Whenever the governor is satisfied that such convict is no longer with child, he must issue his warrant to the sheriff appointing a day for her to be executed according to her sentence; and the sheriff or other officer must execute the sentence of the law on the day so appointed.

(Clay's Digest, p. 438, § 6.)

7648. (5439) (4674) (4624) (3926) (378) When convict sentenced, but not executed on day fixed.-When, from any cause, any convict sentenced to death has not been executed pursuant to such sentence, the same stands in full force, and the court in which such convict was tried, on the application of the solicitor of the court, must direct the convict to be brought before it, or, if necessary, must issue an order in

Death Sentence, Execution of.

writing to that effect; and, upon such convict being brought before such court, it must inquire into the circumstances, and if no legal reason exists against the execution of such sentence, must sentence the convict to execution on a day to be by such court appointed.

(Clay's Digest, p. 438, § 7.) The appellate court fixes day for the execution of the sentence of death only in case of affirmance of the judgment of the lower court. Where the appeal is dismissed, the appellate court does not fix the day for the execution of the sentence, but the sentence is executed in accordance with this section.-Buford v. State, 118 Ala. 657 (23 So. 1005); Boyd v. State, 116 Ala. 670 (23 So. 1005); Howell v. State, 110 Ala. 23 (20 So. 449). An appeal does not lie from a mere order sentencing the defendant to death.-Allen v. State, 141 Ala. 35 (37 So. 393).

7649. (5440) (4675) (4625) (3927) (379) Same; apprehension and commitment of.-If such convict is at large, any magistrate may issue a warrant for his apprehension; and, if no good reason is shown for his discharge, must commit him, that he be forthcoming to abide the order and sentence of the court in which he was tried.

(Clay's Digest, p. 438, § 7.)

7650. (5441) (4676) When sheriff may order out troops at execution of criminal.-No sheriff shall order out or put on duty at the execution of any criminal, any company or portion of state troops except when a riot, attempt at rescue, or other outbreak has actually occurred, which the posse comitatus is powerless to subdue, or unless there is reasonable cause to apprehend a riot, attempt at rescue, or other outbreak which the posse comitatus cannot subdue or control.

(Feb. 17, 1885, p. 143, § 1.)

7651. (5442) (4677) When sheriff guilty of misdemeanor in ordering out troops.-Any sheriff calling out or putting on duty any company or portion of the state troops in violation of the last preceding section, or who calls out or puts on duty any portion of the state troops, although there be proper cause therefor, without first applying to the governor and obtaining his instructions in the premises, if there is time and opportunity beforehand to make such application and receive the governor's instructions, must, on conviction, be fined not less than five hundred nor more than one thousand dollars. (Feb. 17, 1885, p. 143, § 2.)

7652. (5443) (4678) Failure of sheriff to report to governor in such case, a misdemeanor.-In every case when state troops are ordered out or put on duty by the sheriff on the occasion of the execution of any criminal, without first obtaining the instructions of the governor, it shall be the duty

Statement of Presiding Judge.

of the sheriff forthwith to notify the governor of the reasons for his action, and within ten days thereafter to make a written report under oath to the governor, setting forth the facts and circumstances necessitating the ordering out of such troops; and any sheriff who fails to make such written report to the governor must, on conviction, be fined not less than one hundred nor more than two hundred dollars.

(Feb. 17, 1885, p. 143, § 3.)

ARTICLE 8.

STAY OF EXECUTION. 7653.

7653. (5452) (4525) (5003) (4326) (775) Execution of sentence postponed to make application for pardon.-When any defendant is convicted and sentenced to death, or to imprisonment in the penitentiary, the presiding judge, if he is of the opinion that such defendant should be pardoned, may postpone the execution of the sentence for such time as may appear necessary to obtain the action of the governor on an application for pardon.

ARTICLE 9.

STATEMENT OF PRESIDING JUDGE. 7654.

7654. (5451) (4524) (5004) (4327) (776) Statement filed by judge in executive office; when required.-When any defendant, on conviction, is sentenced to imprisonment in the penitentiary for the term of five years or more, it is the duty of the presiding judge to make a statement in writing, setting forth the name of the defendant, the term of the court at which he was tried, the offense of which he was convicted, the character of the evidence against him, the circumstances of aggravation or mitigation developed on the trial, and the proof in reference to his previous character; which statement must be signed by the judge, and must, within thirty days thereafter, be transmitted by the clerk to the governor, to be filed in the executive office.

Operation of; Police Regulations Concerning.

QUAKERS (Civil Code)...
QUARANTINE AND HEALTH LAWS (Political Code).

QUARTERMASTER (Political Code).

QUARTERMASTER-GENERAL (Political Code)

QUARRY COMPANY (Civil Code)...

QUASH; MOTION TO (Civil Code).

QUAI TIMET; BILLS FOR (Civil Code).

QUIETING TITLE (Civil Code)..

QUI TAM ACTIONS (Civil Code)..

QUO WARRANTO; ACTIONS IN NATURE OF (Civil Code).

RACE TRACK (Political Code)..

RACING (Criminal Code)....

RACING HORSES; BETTING ON (Criminal Code)..

CHAPTER 279.

RAILROADS, PENAL LAWS CONCERNING. 7655-7695.

ARTICLE 1. OPERATION OF; POLICE REGULATIONS CONCERNING. 7655-7674.

ARTICLE 2. OFFENSES AGAINST RAILROADS. 7675-7686.

ARTICLE 3. ILLEGAL FREIGHTS, RATES, OR CHARGES. 7687-7695.

ARTICLE 1.

OPERATION OF; POLICE REGULATIONS CONCERNING. 7655–7674.