Birmingham v. Evans

HARRIS, Judge.

In this case we are called upon to decide whether one accused of violating an ordi*360nance of a municipality is entitled to a jury trial upon demand.

On the 28th day of February, 1973, a warrant was issued by an Assistant Clerk of the Municipal Court of the City of Montgomery charging appellant with the offense of petit larceny (shoplifting in this case) in violation of Chapter 24, Section 24 — 40, City Code of Montgomery, Alabama 1964. When the case was called for trial in the Municipal Court, the accused filed a written demand for a jury trial. The Municipal Court Judge then…