Legal Opinion
Lightfoot v. City of Birmingham
Alabama Court of Appeals
Decided May 1, 1951No. 6 Div. 134PublishedCited by 3 opinions
1Opinion of the Court
CARR, Presiding Judge.
The accused was convicted in the.circuit court on a charge of possessing lottery-tickets in violation of Section 600 of the-General City Code of Birmingham, Alabama.
This ordinance was held to be constitutional in Fiorella v. City of Birmingham, 35 Ala.App. 384, 48 So.2d 761, certiorari denied 254 Ala. 515, 48 So.2d 768.
The jury by its verdict fixed the punishment at a fine and jail sentence.
It seems to be now well settled that: in cases of this nature the power is in the-trial judge and not the jury to impose punishment in addition to a fine. Nix v. City of Andalusia, 21…
2Cases cited10 opinions
- Fiorella v. City of BirminghamAlabama Court of Appeals · 1950
- Louis Pizitz Dry Goods Co. v. CusimanoSupreme Court of Alabama · 1921
- Washington v. City of SeattleWashington Supreme Court · 1932
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- City of Birmingham v. GordonSupreme Court of Alabama · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McAdory v. StateAlabama Court of Appeals · 1953
- Welch v. City of BirminghamCourt of Criminal Appeals of Alabama · 1980
- Welch v. City of BirminghamCourt of Criminal Appeals of Alabama · 1980