Flannigan v. City of Rome

The plaintiff in error, having been convicted in the recorder’s court of Rome of the violation of a city ordinance, entered an appeal to the mayor and council, as is provided for by the charter of that city. Before that body the case was heard de novo. Nine members constituted the body; and, at the conclusion of the trial, five voted guilty and four not guilty. Thereupon judgment of guilty was entered up and sentence imposed.

The point here presented is that, by analogy to jury trial, a unanimous vote of the members of the council was essential to a lawful judgment convicting and sentencing…