Alabama § 15-8-91 - Prosecution Dismissed Where Amendment Not Consented to by Defendant; New Indictment; Form of Entry of Record.

Full text of Alabama Code of Alabama § 15-8-91 — Prosecution Dismissed Where Amendment Not Consented to by Defendant; New Indictment; Form of Entry of Record., with citation guidance and answers to common questions.

§ 15-8-91. Prosecution Dismissed Where Amendment Not Consented to by Defendant; New Indictment; Form of Entry of Record.

If the defendant will not consent to such amendment of an indictment, the prosecution may be dismissed at any time before the jury retires as to the count in the indictment to which the variance applies, and the court may order another indictment to be preferred at a subsequent time, in which case an entry of record must be made to the effect following:

“The State )In this case, it appeared from the evidence that there was a variance between the allegations of the indictment and the “The State proof in this (setting out the variance); or it appeared from the evidence that the defendant’s name was …(stating it); and the defendant not consenting to allow the indictment to be amended, the prosecution was dismissed before the jury retired, and another indictment was ordered to be preferred.”v.) A. B.)

Source: official Alabama text · Last verified 2026-08-27

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Frequently Asked Questions About Alabama § 15-8-91

What does Code of Alabama § 15-8-91 cover?

Section 15-8-91 ("Prosecution Dismissed Where Amendment Not Consented to by Defendant; New Indictment; Form of Entry of Record.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Alabama § 15-8-91?

A common citation format is "Code of Alabama § 15-8-91" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Alabama law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.

How does Alabama § 15-8-91 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.