City of Birmingham v. Brown
Alabama Court of Appeals
Violating Municipal OrciwiaAvce. Appeal from Jefferson Criminal Court. Heard before Hon. Samuel E. Greene. Jerome S. Brown was prosecuted before the recorder of the city of Birmingham for violating a city ordinance, and on conviction there appealed to the criminal court, where judgment was had quashing the complaint and discharging defendant. The city appeals.
1Opinion of the CourtThomas, J.
The sole question in this case is: Within what time is a prosecution for a. violation of a city ordinance barred?
Our Municipal Code (Political Code of Alabama, §§ 1046 to 1460, inclusive), which is now the charter of the towns and cities of the state, is silent upon the question of limitations for such prosecutions.
The Supreme Court of Georgia, acting upon the common-law principle embodied in the maxim, “Nullus tern-pus occurrit regem,” have held that, where the municipal charter fails to provide a limitation, no lapse of time after the commission of an offense in violation of a city will bar…
2Cases cited8 opinions
- Georgia Fruit Exchange v. TurnipseedAlabama Court of Appeals · 1913
- Tyson v. ChestnutSupreme Court of Alabama · 1897
- Hewlett v. CampSupreme Court of Alabama · 1896
- Williamson v. WoolfSupreme Court of Alabama · 1861
- Battle v. Mayor of MariettaSupreme Court of Georgia · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cox v. StateCourt of Criminal Appeals of Alabama · 1991
- Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1929
- Lewis v. JenkinsSupreme Court of Alabama · 1927