Mayor of Talladega v. Fitzpatrick
Supreme Court of Alabama
Appeal from tbe 'City Court of Talladega. Tried before tbe I-Ion. G. K. Miller. Tliis case originated in tbe mayor’s court of Talladega by tbe prosecution of the appellee, Wiley Fitzpatrick, for disturbing religious worship under an ordinance of tbe city of Talladega. The defendant was convicted in tbe mayor’s court and fined $75. He then took an appeal to the city court.
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Appeal from tbe 'City Court of Talladega. Tried before tbe I-Ion. G. K. Miller. Tliis case originated in tbe mayor’s court of Talladega by tbe prosecution of the appellee, Wiley Fitzpatrick, for disturbing religious worship under an ordinance of tbe city of Talladega. The defendant was convicted in tbe mayor’s court and fined $75. He then took an appeal to the city court. In tbe city court of Talladega, the city in its corporate name filed a complaint in assumpsit against the defendant setting out the ordinance in full and claiming the sum of $75, the amount of the fine imposed upon the…
1Opinion of the CourtHaralson, J.
The ordinance of the city under which the defendant was arrested, tried and convicted, reads: “Any person who interrupts or disturbs any congregation or assemblage of people met for religious worship, by noise, profane discourse, rude or indecent behavior, or any other act at or near such place of worship, must, on conviction, be fined not less than one nor more than one hundred dollars.” . This is a transcript of the statute on the subject making it an offense against the State, to disturb religious worship, except as to the1 penalty imposed and that the word, “willfully,” is omitted in the…
2Cases cited5 opinions
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Moses v. Mayor of MobileSupreme Court of Alabama · 1875
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
- Holt v. Mayor of BirminghamSupreme Court of Alabama · 1895
- Salter v. StateSupreme Court of Alabama · 1892
3Cited by6 opinions
- Rosenberg v. City of SelmaSupreme Court of Alabama · 1910
- Bell v. StateAlabama Court of Appeals · 1917
- Ex parte RoweAlabama Court of Appeals · 1912
- Harrison v. City of AnnistonSupreme Court of Alabama · 1908
- Little v. City of AttallaAlabama Court of Appeals · 1912
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