Barnes v. City of Huntsville
Alabama Court of Appeals
Appeal from Circuit Court, Madison County; O. Kyle, Judge. C. E. Barnes was convicted of operating a slot machine in violation of a city ordinance, and he appeals. An affidavit charging an offense under ordinances enacted by municipal corporations must aver the adoption thereof and set forth the ordinance at length or the substance thereof, and it must aver the offense committed with certainty. 168 Ala. 195, 52 South. 742; 16 Ala.
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Appeal from Circuit Court, Madison County; O. Kyle, Judge. C. E. Barnes was convicted of operating a slot machine in violation of a city ordinance, and he appeals. An affidavit charging an offense under ordinances enacted by municipal corporations must aver the adoption thereof and set forth the ordinance at length or the substance thereof, and it must aver the offense committed with certainty. 168 Ala. 195, 52 South. 742; 16 Ala. App. 389, 78 South. 167; 166 Ala. 612, 52 South. 347; 179 Ala. 97, 59 South. 597; 17 Ala. App. 15, 81 South. 351; 120 Miss. 883, 83 South. 313; 15 Ala. App. 606, 74…
1Opinion of the CourtMerritt, J.
The appellant was convicted before the recorder of the city of Huntsville for operating a slot machine. On appeal to the circuit court, demurrers were sustained to the affidavit, and the city filed as an amendment a new affidavit which charged that the defendant was guilty of violating the following ordinance:
“Any person committing an offense in the city of Huntsville or within its police jurisdiction which is declared by any law or laws of the state of Alabama heretofore or hereafter enacted to be a misdemeanor shall upon conviction in the, recorder’s court be punished within the limits and…
2Cases cited2 opinions
- Miles v. City of MontgomeryAlabama Court of Appeals · 1919
- Martin v. StateAlabama Court of Appeals · 1919
3Cited by3 opinions
- Grissett v. City of BirminghamAlabama Court of Appeals · 1938
- Trimble v. Town of HaleyvilleAlabama Court of Appeals · 1924
- Melton v. StateAlabama Court of Appeals · 1929