McKinstry v. City of Tuscaloosa
Supreme Court of Alabama
Violating Municipal Ordinance. Appeal from. Tuscaloosa. County Court. Heard before Hon. H. B. Foster. Susie McKinstry was convicted of violating an ordinance of tbe City of Tuscaloosa and sbe appeals. This is a purely criminal action and is governed by tbe constitution and laws of tbe State with reference to criminal prosecutions. — Arzumanian v. City of Birmingham, 51 S'ontb. 645; Barron v. City of Anniston, 157 Ala. 399; City of Selma v. Shivers, 160 Ala. 505; Crim.
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Violating Municipal Ordinance. Appeal from. Tuscaloosa. County Court. Heard before Hon. H. B. Foster. Susie McKinstry was convicted of violating an ordinance of tbe City of Tuscaloosa and sbe appeals. This is a purely criminal action and is governed by tbe constitution and laws of tbe State with reference to criminal prosecutions. — Arzumanian v. City of Birmingham, 51 S'ontb. 645; Barron v. City of Anniston, 157 Ala. 399; City of Selma v. Shivers, 160 Ala. 505; Crim. Code, Secs. 6700, 6703; Pol. Code, Secs. 1215-1222, incl.; Pol. Code, Sec. 1451; Const., Sec. 170. Tbe mayor’s court was…
1DissentMayfield, J.
(Dissenting.)—I am constrained to believe that the majority opinion is wrong because in my opinion it is grounded on two false premises: The first is that the accused was prosecuted and convicted of the offense of violating a municipal ordinance; and the second that she could and did waive her right to demand the process which the Constitution and statutes require to support a judgment of conviction in criminal cases.
One of the vexed questions which has perplexed the courts of this country, as well as the text-writers on constitutional, criminal, and municipal laws, is whether a single given…
2Cases cited17 opinions
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- Miles v. StateSupreme Court of Alabama · 1891
- Newcomb v. StateMississippi Supreme Court · 1872
- Simpson v. StateSupreme Court of Alabama · 1895
- Johnson v. StateSupreme Court of Alabama · 1886
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