Marcus v. City of Birmingham

CATES, Judge.

Marcus, a bellboy in the Redmont Hotel, was convicted as a pimp. The complaint, in more roundabout fashion, charged that he did incite, aid or abet a female to prostitute herself.

*479Assignment of error 1 complains of the circuit court’s overruling the demurrer to the city’s complaint. It is argued that the complaint fails to charge an offense. We distinguish this case from Philyaw v. City of Birmingham, 36 Ala. App. 112, 54 So.2d 619.

We consider the words used are specific enough to meet the test of particularity used in Mitchell v. State, Ala.App., 130 So.2d 198, and followed in…