Legal Opinion

Berland v. City of Birmingham

Alabama Court of Appeals

Decided June 10, 1952No. 6 Div. 436PublishedCited by 8 opinions

1Opinion of the Court

HARWOOD, Judge.

Upon being convicted in the Recorders Court of the City of Birmingham for violation of a city ordinance (Sec. 1139, Code of City of Birmingham), this appellant duly perfected his appeal to the circuit court of Jefferson County. In the Recorders Court the appellant was at the same trial acquitted of violation of another ordinance. (Sec. 121, Code of City of Birmingham).

In the circuit court the City filed a new complaint.

In answer to the complaint filed in the circuit court the appellant filed a plea of autrefois acquit. While this plea did not set out in full the complaint under…

2Cases cited3 opinions

  1. Coburn v. StateSupreme Court of Alabama · 1907
  2. Evans v. StateAlabama Court of Appeals · 1931
  3. Carter v. StateAlabama Court of Appeals · 1926

3Cited by8 opinions

  1. Racine v. StateSupreme Court of Alabama · 1973
  2. Story v. StateCourt of Criminal Appeals of Alabama · 1982
  3. Ex Parte AdamsSupreme Court of Alabama · 1995
  4. Harmon v. StateCourt of Criminal Appeals of Alabama · 1972
  5. Carter v. StateAlabama Court of Appeals · 1966

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