Middlebrooks v. City of Birmingham

CATES, Judge.

This is an appeal from a conviction, after verdict, for violation of § 1142 of the Code of the City of Birmingham 1944, as amended, whereunder Middlebrooks was convicted on a charge of standing or loitering so as to obstruct a street or sidewalk.

On his appeal from the recorder’s court to the circuit court, the appellant had a choice which he exercised in favor of demanding a jury trial. Ex parte Hall, 255 Ala. 98, 50 So.2d 264; Code 1940, T. 37, § 464; T. 13, §§ 429, 326. “* * * a jury trial may there be had on demand of the defendant * * § 326, supra.

The city, in its brief, has…