Bagony v. City of Birmingham

The defendant was convicted for carrying a concealed pistol in violation of Section 36-56 of the General Code of the City of Birmingham, Alabama, 1964, as it adopts the words, language, and meaning of Alabama Code Section 13-6-153 (1975). Brooks v.City of Birmingham, 31 Ala. App. 496, 498, 19 So.2d 74 (1944). The jury assessed a fine of $500.00 and the trial judge imposed a sentence of 150 days hard labor. A violation of Section 13-6-153 constitutes a misdemeanor. Sheridan v. State, 43 Ala. App. 239,248, 187 So.2d 294 (1966).

On appeal three questions are presented: (1) The sufficiency of the…