Turner v. Town of Lineville
Alabama Court of Appeals
Appjcal, from Clay County Court. Heard before Hon. E. J. Garrison. Howard Turner ivas convicted of violating an ordinance of the town of Lineville, and he appeals. The original affidavit set forth probable cause for believing, and belief, that Howard Turner was guilty of the offense of selling, giving away, or otherwise disposing of whisky in the town of Lineville.
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Appjcal, from Clay County Court. Heard before Hon. E. J. Garrison. Howard Turner ivas convicted of violating an ordinance of the town of Lineville, and he appeals. The original affidavit set forth probable cause for believing, and belief, that Howard Turner was guilty of the offense of selling, giving away, or otherwise disposing of whisky in the town of Lineville. As amended,, the affidavit charged that the affiant had probable cause for believing, and did believe, that within 12 months before the 29th day of April, 1910, the same being the day on which the trial of this cause was had in the…
1Opinion of the CourtWalker, P. J.
By proceeding to trial before the mayor without raising any question as to the sufficiency of the charge made against him, the defendant must be held to have waived in that tribunal any objection on that score. Mayor and Aldermen of Birmingham v. O’Hearn, 149 Ala. 307, 42 South. 836; McKinstry v. City of Tuscaloosa, 171 Ala.; 54 South. 629; Aderhold v. Mayor, etc., of Anniston, 99 Ala. 521. The proceedings on the appeal to the county court were “governed in all respects by the laws regulating appeals from judgments of justices of the peace in criminal cases,” Code, § 1451. Under the. statute…
2Cases cited11 opinions
- Kennamer v. StateSupreme Court of Alabama · 1907
- McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910
- Rosenberg v. City of SelmaSupreme Court of Alabama · 1910
- Aderhold v. Mayor of AnnistonSupreme Court of Alabama · 1892
- Head v. HunnicuttSupreme Court of Alabama · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Standard Chemical & Oil Co. v. City of TroySupreme Court of Alabama · 1917
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Clark v. City of UniontownAlabama Court of Appeals · 1912
- Brooks v. City of BirminghamAlabama Court of Appeals · 1944
29 more not listed; retrieve them via the Exa API.