Maxwell v. City of Mobile

The defendant was charged by complaint with assault in the third degree in violation of Mobile city ordinance 41-136 (the same crime as Alabama Code Section 13A-6-22 (1975)). He appealed his conviction in the municipal court to the circuit court where he was also convicted. Sentence was six months' imprisonment (thirty days to be served with the balance suspended for a period of two years), a fine of $500, and restitution.

The defendant argues that, under Jacobs v. City of Prichard,46 Ala. App. 497, 243 So.2d 769 (1971), it was incumbent on the city to plead and prove the ordinance under which…