Feagin v. City of Andalusia
Alabama Court of Appeals
Violating Municipal Ordinance. Appeal from Andalusia City Court. Heard before Hon. Ed. T. Albritton. Tim Feagin was convicted in the City Court of Andalusia of violating an ordinance of said city, prohibiting the sale of intoxicating liquors, he having brought the case there by appeal from the recorder’s court, and he appeals here.
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Violating Municipal Ordinance. Appeal from Andalusia City Court. Heard before Hon. Ed. T. Albritton. Tim Feagin was convicted in the City Court of Andalusia of violating an ordinance of said city, prohibiting the sale of intoxicating liquors, he having brought the case there by appeal from the recorder’s court, and he appeals here. The court erred in imposing a sentence of bard labor in conformity to tbe verdict of a jury, without having- assessed a fine, since the ordinance wbicb was violated fixes a fine, to which may be added hard labor. Section 1217, Code 1907. It is not shown that the…
1Opinion of the CourtPelham, P. J.
The defendant was subject to the punishment authorized by law or as provided by ordinance, upon his conviction on appeal from the recorder’s court in a trial de novo in the law and equity court.— Code, § 1217. Punishment by fine or imprisonment, or hard labor on the streets of the city, is authorized to be imposed upon conviction on the trial de novo by the section of the Code cited (Cooper v. Gadsden, 10 Ala. App. 609, 65 South. 715; Clark v. Uniontown, 4 Ala. App. 264, 58 South. 725), and there is no merit in the contention that fixing a fine on the defendant was a necessary prerequisite to…
2Cases cited2 opinions
- Clark v. City of UniontownAlabama Court of Appeals · 1912
- Cooper v. City of GadsdenAlabama Court of Appeals · 1914
3Cited by3 opinions
- Cobb v. City of BirminghamAlabama Court of Appeals · 1951
- Ex Parte TrimbleSupreme Court of Alabama · 1924
- Trimble v. Town of HaleyvilleSupreme Court of Alabama · 1924