City of Birmingham v. Brown
Supreme Court of Alabama
Certiorari to Court of Appeals. Jerome S. Brown was convicted of violating an ordinance, of the city of Birmingham, and on appeal to the criminal court of Jefferson county, the prosecution was quashed, and the city appealed to the Court of Appeals, where the judgment was affirmed (13 Ala. App., 69 South. 263), and the city brings this appeal to review and revise the judgment of the Court of Appeals.
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Certiorari to Court of Appeals. Jerome S. Brown was convicted of violating an ordinance, of the city of Birmingham, and on appeal to the criminal court of Jefferson county, the prosecution was quashed, and the city appealed to the Court of Appeals, where the judgment was affirmed (13 Ala. App., 69 South. 263), and the city brings this appeal to review and revise the judgment of the Court of Appeals. The petitioner, the city of Birmingham, contends that its own ordinance fixing a limitation of 12 months on prosecutions such as this is not in violation of or in conflict with any laws of the…
1Opinion of the CourtSomerville, J.
While the argument in support of the majority opinion of the Court of Appeals is not lacking in weight and plausibility, we are nevertheless quite clearly of the opinion that the conclusion is erroneous and cannot consist with the fundamental principles upon which public statutes must be interpreted and construed.
We concur in the conclusion expressed in the dissenting minority opinion, and hold that if any state statute of limitation *80governs a prosecution before a city recorder it is section 7847, and not section 7348; and therefore the city ordinance fixing a limitation of 12 months is not…
2Cited by2 opinions
- Cox v. StateCourt of Criminal Appeals of Alabama · 1991
- Ago, Florida Attorney General Reports1976