§15-6-20. Examination of complainant and witnesses; form of affidavit.  


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  • (a) Whenever complaint is made to a judge of a circuit, district or municipal court that any person has threatened or is about to commit an offense on the person or property of another, such judge must examine the complainant and any witness he may produce on oath, reduce such examination to writing and cause it to be subscribed by the party so examined.

    (b) The affidavit may be after the following form:

    "State of Alabama,

    __________ County.

    Before me, ___________,a (circuit, district or municipal) judge (setting out his name and office) in and for said county and state, personally appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault and beat him (or is about) to ___________ (here set forth the particular offense threatened or about to be committed) on the person or property of affiant (or E. F., a third person, as the case may be.)

    (Signed) A. B.

    Sworn to and subscribed before me, this the _______ day of ___________, 20__.

    _______________________
    (Circuit, District or Municipal) Judge."

(Code 1852, §409; Code 1867, §3958; Code 1876, §4027; Code 1886, §4681; Code 1896, §5162; Code 1907, §§7520, 7521; Code 1923, §§5138, 5139; Code 1940, T. 15, §§401, 402.)