(a) When the person on whose behalf a writ of habeas corpus is sued out is charged with a public offense, the officer or person having charge of him may summon a sufficient guard to aid in conveying him before the court or judge before whom the writ is returnable and conveying him back again if he is not discharged.
(b) In the case provided for in subsection (a) of this section, the officer and guards are entitled to the same compensation as for removing any prisoner on a change of venue, to be paid in the same manner. Such guards are under the control of the officer summoning them, and any guard who refuses to obey or violates the lawful instructions of such officer is guilty of a misdemeanor.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Section 15-21-1 - Persons Entitled to Prosecute Writ - Generally.
Section 15-21-3 - Persons Entitled to Prosecute Writ - Persons Confined as Insane.
Section 15-21-4 - Application to Be Made by Petition; Contents of Petition.
Section 15-21-5 - Description of Party if Name Uncertain or Unknown.
Section 15-21-6 - To Whom Petition Addressed.
Section 15-21-8 - Writ to Be Granted Without Delay; to Whom Writ Returnable.
Section 15-21-9 - Form of Writ.
Section 15-21-12 - Notice to Any Other Person Having Interest Required.
Section 15-21-14 - Issuance of Precept; Execution of Precept by Sheriff or Constable.
Section 15-21-15 - Subpoenas for Witnesses.
Section 15-21-16 - Service of Writ.
Section 15-21-17 - When Return to Be Made; Form and Contents of Return.
Section 15-21-19 - Proceedings When Person Not Produced on Account of Sickness or Infirmity.
Section 15-21-21 - When Party to Be Discharged or Remanded.
Section 15-21-23 - Judgment, etc., or Contempt Commitment Not to Be Inquired Into.
Section 15-21-24 - Grounds for Discharge of Person in Custody Under Process Legally Issued.
Section 15-21-26 - Reimprisonment for Same Cause After Discharge.
Section 15-21-28 - Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc.
Section 15-21-30 - Attachment to Compel Obedience and Punish for Contempt.
Section 15-21-31 - Penalty for Transferring Custody, etc., So as to Elude Service or Effect of Writ.
Section 15-21-32 - Proceedings Against Defaulting Witnesses.
Section 15-21-33 - Taxation and Collection of Fees and Costs of Witnesses.
Section 15-21-34 - Summoning and Compensation of Guards to Convey Prisoner.