Legal Opinion · Dissent

Welch v. City of Birmingham

Court of Criminal Appeals of Alabama

Decided October 7, 1980No. 6 Div. 349Published

1DissentBowen, Judge

The majority states that a municipal employee is subject to challenge for cause as a juror to try a case in which the prosecution is based on a violation of an ordinance of that municipality. Lightfoot v. City of Birmingham, 36 Ala.App. 77, 52 So.2d 398 (1951), Shapiro v. City of Birmingham, 30 Ala.App. 563, 10 So.2d 38 (1942), but that bias would not be implied of a state employee in a prosecution involving a violation of the criminal law of the State. Thigpen v. State, 355 So.2d 392, 398 (Ala.Cr.App.), affirmed, 355 So.2d 400 (Ala.1977), McAdory v. State, 37 Ala.App. 349, 68 So.2d 68…

2Cases cited5 opinions

  1. Thigpen v. StateCourt of Criminal Appeals of Alabama · 1977
  2. Brackin v. StateAlabama Court of Appeals · 1943
  3. Shapiro v. City of BirminghamAlabama Court of Appeals · 1942
  4. McAdory v. StateAlabama Court of Appeals · 1953
  5. Lightfoot v. City of BirminghamAlabama Court of Appeals · 1951

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