Legal Opinion · Dissent

City of Birmingham v. Brown

Alabama Court of Appeals

Decided June 1, 1915Published

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.

1DissentBrown, J.

(Dissenting.) — This prosecution was commenced by the appellant on the 5th day of April, 1913, before one of its recorders, against appellee, charging that appellee,-before the commencement of the prosecution, and within the police jurisdiction of the city, on, to-wit the 14th day of December, 1912, published, gave way, sold, or caused to be published, given away, circulated, or sold, a certain newspaper or print, commonly known as Howie’s Iconoclast, which newspaper or print was of an obscene, licentious, lewd, or libelous nature,” in violation of section 1044 of the Code of Ordinances of…

2Cases cited15 opinions

  1. Barlow v. LambertSupreme Court of Alabama · 1856
  2. State ex rel. Vandiver v. BurkeSupreme Court of Alabama · 1911
  3. Peet & Co. v. HatcherSupreme Court of Alabama · 1895
  4. Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
  5. Lamar v. GunterSupreme Court of Alabama · 1864

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