Legal Opinion
Lowery v. City of Boaz
Court of Criminal Appeals of Alabama
Decided January 20, 1981No. 8 Div. 405PublishedCited by 2 opinions
1Opinion of the Court
ON REHEARING
BOWEN, Judge.
The Alabama Court of Criminal Appeals hereby withdraws its original opinion of November 25, 1980, and files the following opinion.
The defendant was charged and convicted of issuing a worthless check in violation of an ordinance of the City of Boaz.1 Sentence was a fine of three hundred dollars and costs.
During oral argument, the City Prosecutor argued that the defendant had not been arraigned and that the case would have to be reversed for this reason. The constitutional and statutory provisions relating to a criminal prosecution by the State are not applicable to the…
2Cases cited17 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- Leary v. United StatesSupreme Court of the United States · 1969
- Berry v. StateSupreme Court of Georgia · 1922
- City of Mobile v. McCown Oil Co.Supreme Court of Alabama · 1933
- State v. GrimmettIdaho Supreme Court · 1920
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3Cited by2 opinions
- Donley v. City of Mountain BrookCourt of Criminal Appeals of Alabama · 1982
- State v. RuddHamilton County Municipal Court · 1988