Witherspoon v. City of Mobile

BOWEN, Presiding Judge.

Arnold Witherspoon was convicted in the Municipal Court of Mobile, Alabama, of disorderly conduct in violation of Mobile City Ordinance § 41-4.1 (Alabama Code 1975, § 13A-11-7), and resisting arrest (§ 13A-10-41). Witherspoon gave notice of appeal to the Circuit Court of Mobile County, was tried without a jury, and was only found guilty of disorderly conduct. Sentence was sixty days’ imprisonment in the city jail.

The only issue on this appeal is whether the appellant was wrongfully denied ⅛⅛ right to a trial by jury. The record shows that the notice of appeal given to…