State ex rel. City of Birmingham v. Fort
Supreme Court of Alabama
Original petition in the Supreme Court. Mandamus by the state on the relation of the city of Birmingham against Hon. William E. Port, judge of the Criminal Court, to compel him to transfer a case involving a violation of tlie city ordinance from the jury to the nonjury docket.
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Original petition in the Supreme Court. Mandamus by the state on the relation of the city of Birmingham against Hon. William E. Port, judge of the Criminal Court, to compel him to transfer a case involving a violation of tlie city ordinance from the jury to the nonjury docket. The contention of petitioner is that sections 1217, 1220, Code 1907, provided a complete scheme for appeals from the appellate court, and that the right of trial by jury is not contemplated in regard to the violation of municipal ordinances; that prosecutions for violations of municipal ordinances are only quási…
1Opinion of the CourtSimpson, J.
This is a petition by the city of Birmingham for a writ of mandamus to Hon. William E. Fort, as judge of the criminal court of Jefferson county, requiring him to transfer the case of the City of Birmingham v. J. T. Wilson from the jury docket to the nonjury docket of said court, and to try the same without a jury. Said Wilson was tried by the recorder of the city of Birmingham for a violation of the city ordinance in regard to gambling housees, was convicted, and appealed to said criminal court of Jefferson county, demanding a trial by jury.
It is admitted that it is within the power of the…
2Cases cited2 opinions
- Costello v. FeaginSupreme Court of Alabama · 1909
- Miller v. Mayor of BirminghamSupreme Court of Alabama · 1907
3Cited by4 opinions
- State v. Town of SpringvilleSupreme Court of Alabama · 1929
- State ex rel. City of Birmingham v. FortAlabama Court of Appeals · 1915
- People v. RedmanMichigan Supreme Court · 1930
- Puryear v. State Ex Rel. WadeAlabama Court of Appeals · 1917