Sliney v. State

Hunt, Justice.

This appeal presents a constitutional challenge to § 9.8 (d) of the Lowndes County Code which provides: “It shall be unlawful for any person to remove waste or litter from public containers or to place in such containers any material other than garbage.” Earl Sliney was cited for removing refuse from a dumpster, in violation of the ordinance. We granted his application for interlocutory appeal following the trial court’s denial of his motion to dismiss the accusation.

Sliney contends the statute violates due process,1 on its face and as applied to him, under the…