Tomlin v. Mayor of Birmingham
Supreme Court of Alabama
' Appeal from the City Court of.Birmingham. Tried before the Hon. Wm. W. Wilkerson. The appellant, G. J. Tomlin, appealed to the City Court of Birmingham from a conviction before the Recorder of the city of Birmingham, on the charge of resisting an officer, in violation of an ordinance "of the city.
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' Appeal from the City Court of.Birmingham. Tried before the Hon. Wm. W. Wilkerson. The appellant, G. J. Tomlin, appealed to the City Court of Birmingham from a conviction before the Recorder of the city of Birmingham, on the charge of resisting an officer, in violation of an ordinance "of the city. The appellee filed the following complaint in the City Court: “The plaintiff, a municipal corporation, complains and charges that, within 12 months before the commencement of this presecution, the defendant, G. J. Tomlin, within the corporate limits of the city of Birmingham, did unlawfully and…
1Opinion of the Court
BRICKELL, G. J.
On an appeal to a superior tribunal from a conviction of a violation of a municipal ordinance, the complaint must distinctly disclose the liability of the defendant; and the liability is disclosed when the complaint, as in the present .case, sets out the ordinance, and avers the act or acts of the- defendant in breach of it. The ordinance is in the alternative ; but the complaint singles out and specifies the alternative the defendaht-is charged with .haying violated. The *245demurrer was properly overruled. Ganaway v. Mayor, 21 Ala. 577; Case v. Mayor, 30 Ala. 538.
The trial was…
2Cases cited3 opinions
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- Dane v. Mayor of MobileSupreme Court of Alabama · 1860
- Ganaway v. Mayor of MobileSupreme Court of Alabama · 1852
3Cited by1 opinion
- Cooper v. City of DauphneCourt of Criminal Appeals of Alabama · 1975