Smith v. City of Birmingham

CATES, Judge.

This is an appeal from a conviction before a jury of breach of a city ordinance making it “unlawful for any person to stand or loiter upon any street or sidewalk of the city after having been requested by any police officer to move on.” Birmingham Code 1944, § 1142, as amended. Phifer v. City of Birmingham, 42 Ala.App. 282, 160 So.2d 898, and Shuttlesworth v. City of Birmingham, 42 Ala.App. 296, 161 So.2d 796, show the ordinance is prima facie good.1

*469We quote from appellant’s brief:

“On appeal to the Circuit Court * * the [City Prosecutor] filed a complaint alleging that:

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