Sherman v. City of Birmingham

CARR, Presiding Judge.

In the court below the accused was convicted of a violation of Sec. 600 of the General City Code of the City of Birmingham, Alabama of 1944. This ordinance is generally termed the “lottery law.”

One insistence is that the above ordinance is unconstitutional. This question has been settled adversely to appellant’s contention in Fiorella v. City of Birmingham, Ala.App., 48 So.2d 761,1 certiorari denied 254 Ala. 515, 48 So.2d 768; City of Birmingham v. Reed, ante, p, 31, 44 So.2d 607.

After counsel had announced ready to proceed, the trial judge stated to the jury: “Gentlemen…