1. (a) If upon a preliminary examination it appears that an offense has been committed and that there is probable cause to believe that the defendant is guilty thereof, he must be discharged, if the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if the offense is not bailable, he must be committed to jail by an order in writing.

2. (b) The form of commitment may be in substance as follows: “The State of Alabama, _____ County. To the jailer of _____ County:

   On the examination of A. B., charged with the offense of murder (or other offense, as the case may be, describing it by name, or so that it may be clearly inferred), it appearing that such offense has been committed and that there is sufficient cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him into your custody and to detain him until he is legally discharged.

   Dated this ____ day of _____, 20__

3. C.
4. D. , Judge, District Court.”

(Code 1852, §§462, 463; Code 1867, §§4011, 4012; Code 1876, §§4681, 4682; Code 1886, §§4288, 4289; Code 1896, §§5237, 5238; Code 1907, §§7605, 7606; Code 1923, §§5238, 5239; Code 1940, T. 15, §§140, 141.)