Benjamin v. City of Montgomery
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Arthur Benjamin was convicted of violating an ordinance of the city of Montgomery, and he appeal's. The appeal was perfected and filed in the office of the clerk of the city court on January 23, 1917, a conviction was had and an appeal taken, and the cause was reversed, and afterwards, on the 5th day of February,' 1918, defendant filed a demand for a jury trial, which was denied him.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Arthur Benjamin was convicted of violating an ordinance of the city of Montgomery, and he appeal's. The appeal was perfected and filed in the office of the clerk of the city court on January 23, 1917, a conviction was had and an appeal taken, and the cause was reversed, and afterwards, on the 5th day of February,' 1918, defendant filed a demand for a jury trial, which was denied him. The defendant was charged with violating provisions of section 23 of the prohibition law of Montgomery, which said ordinance was duly and legally…
1Opinion of the CourtBricken, J.
This is the second appeal in this case. Benjamin v. City of Montgomery, ante, p. 389, 78 South. 167.
The complaint upon which the defendant was tried and convicted was not subject to the' demurrers interposed, and the court did not err in overruling the demurrers. Rosenberg v. City of Selma, 168 Ala. 195, 52 South. 742; Benjamin v. Montgomery, supra.
[1] The demand for trial by jury not having been made within the time required by law, a trial by jury was properly denied. Acts 1915, p. 939; Kreutner v. State, ante, p. 553, 80 South. 127; Code 1907, § 1451.
[2j The twelfth assignment of error…
2Cases cited7 opinions
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- Rosenberg v. City of SelmaSupreme Court of Alabama · 1910
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Furhman v. Mayor of HuntsvilleSupreme Court of Alabama · 1875
- Excelsior Steam Laundry Co. v. LomaxSupreme Court of Alabama · 1910
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- Cabaniss v. City of TuscaloosaAlabama Court of Appeals · 1925
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