Mayor of Huntsville v. Phelps
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Thomas A. Walkes. The appellee (James E. Phelps) was arrested under the warrant of the mayor of Huntsville, on a charge of fighting, within the corporate limits of the town, and was fined thirty dollars.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Thomas A. Walkes. The appellee (James E. Phelps) was arrested under the warrant of the mayor of Huntsville, on a charge of fighting, within the corporate limits of the town, and was fined thirty dollars. Erom the decision of the mayor he took an appeal to the Circuit Court, where a complaint was filed against him, in the name of the mayor and aldermen, in these words: “ The plaintiffs claim of the defendant thirty dollars, for quarreling and fighting within the limits of the corporation of said town, in violation of the by-laws…
1Opinion of the CourtOhilton, C. J.
Just legislation requires that the punishment should be proportioned to the offence which is denounced, and any principle which forestalls such legislation is not founded in wisdom and sound policy. We have a number of instances furnished by our criminal code, where the courts and juries are vested with a liberal discretion in the apportionment of fines and imprisonment, so as to adjust them to the particular circumstances attending the commission of offences, and thus to carry out the great objects of the law, the peace of the community, the prevention of crimes, and the reformation of…
2Cases cited1 opinion
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
3Cited by9 opinions
- Goldsmith v. Mayor of HuntsvilleSupreme Court of Alabama · 1897
- City of Bessemer v. EidgeSupreme Court of Alabama · 1909
- Twilley v. PerkinsCourt of Appeals of Maryland · 1893
- Atkins v. PhillipsSupreme Court of Florida · 1890
- Shelton v. Mayor of MobileSupreme Court of Alabama · 1857
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