Mayor of Birmingham v. O'Hearn
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. D. A. Greene. J. E. O’Hearn was acquitted in the criminal court on a charge of having violated an ordinance of the city of Birmingham, and the mayor and aldermen of the city appeal.
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Appeal from Jefferson Criminal Court. Heard before Hon. D. A. Greene. J. E. O’Hearn was acquitted in the criminal court on a charge of having violated an ordinance of the city of Birmingham, and the mayor and aldermen of the city appeal. Municipal prosecutions are quasi criminal only and do not come within the terms of constitutional provision that the criminal has the right to demand the nature and cause of tlie accusation. — Withers v. The State, 36 Ala. 252; Williams v. Augusta, 49 Ga. 509; McEnnery v. Denver, 17 Col. 302; Qreelcy v. Harrimon, 12 Col. 94; Ex parte Slattery, 3 Ark. 484;…
1Opinion of the Court
TYSON, C. J. —
The appellee was arrested by a police officer of the city of Birmingham without a warrant for violating an ordinance of said city making vagrancy an offense. No complaint of any kind was'filed in the police court charging him with this offense. He was forced to submit to a trial against his objections, simply upon a statement entered upon the docket of the police judge, showing his alleged offense to be that of violating section 622 of the City Code, coupled with the oral statement of the police judge that section 622.of the City Code defined the offense of vagrancy and provided…
2Cases cited8 opinions
- Miles v. StateSupreme Court of Alabama · 1891
- Butler v. StateSupreme Court of Alabama · 1900
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- Town of Camden v. BlochSupreme Court of Alabama · 1880
- Aderhold v. Mayor of AnnistonSupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910
- Turner v. Town of LinevilleAlabama Court of Appeals · 1911
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Sherrod v. StateSupreme Court of Alabama · 1916
16 more not listed; retrieve them via the Exa API.