Oliver v. City of Opelika.

The appellant, Jajaun Martez Oliver, was convicted in Opelika Municipal Court of menacing, a violation of § 19-353 of the Opelika Municipal Code of Ordinances. He appealed his conviction to the Lee Circuit Court for a trial de novo and was found guilty following a jury trial. The trial court fined him $500 and sentenced him to 180 days in the city jail, with 90 days suspended and 90 days to serve.

The sole issue on appeal is whether the evidence was sufficient to submit the menacing charge to the jury. Oliver preserved this issue in the trial court by moving for a judgment of acquittal on…