Costello v. Feagin
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Petition by Morris Costello for a writ of prohibition to be directed to Judge N. B. Feagin of the inferior court of Birmingham, prohibiting him from trying a certain cause against petitioner for violation of a city ordinance. From a judgment denying the writ petitioner appeals.
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Appeal from Jefferson Criminal Court. Heard before Hon. William E. Fort. Petition by Morris Costello for a writ of prohibition to be directed to Judge N. B. Feagin of the inferior court of Birmingham, prohibiting him from trying a certain cause against petitioner for violation of a city ordinance. From a judgment denying the writ petitioner appeals. While the cases on the subject are in hopeless conflict appellant contends that under the limitations of section 11, of the Constitution of Alabama, this case stands without the influence of the confusion and that the indictability of the offense…
1Opinion of the CourtSayre, J.
This is an appeal from the judgment of the criminal court of Jefferson county denying a writ of prohibition. Petitioner had been arrested on a warrant which was based upon an affidavit charging that petitioner “did give away or otherwise dispose of spirituous, vinous, or malt liquor in violation of the state prohibition law and Ordinance 181, amending section 805 of the City Code of Birmingham, against the laws and ordinances of the city of Birmingham.” The affidavit had been taken and the warrant issued by the clerk of the inferior criminal court of Birmingham. Upon his arrest petitioner…
2Cases cited2 opinions
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
3Cited by15 opinions
- Smith v. SmithSupreme Court of Alabama · 1950
- Ex Parte ThompsonSupreme Court of Alabama · 1933
- Welty v. Martinaire of Oklahoma, Inc.Supreme Court of Oklahoma · 1994
- In Re One Chevrolet AutomobileSupreme Court of Alabama · 1921
- State v. Town of SpringvilleSupreme Court of Alabama · 1929
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