Section 31-2-79
Exemption of members of militia from arrest.
Members of the militia in the active armed forces of the state shall not be arrested on any process issued by or from any civil officer or court, except in the case of a felony or a breach of the peace, while going to, remaining at, or returning from any place at which he may be required to attend for military or naval duty; nor in any case whatsoever while actually engaged in the performance of his military or naval duties, treason and murder excepted, unless with the consent of his commanding officer.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §106; Acts 1973, No. 1038, p. 1572, §80.)