Simonetti v. City of Birmingham

314 So.2d 83 (1975)

Joe SIMONETTI

v.

CITY OF BIRMINGHAM.

6 Div. 680.

Court of Criminal Appeals of Alabama.

February 6, 1975.

Rehearing Denied April 1, 1975.

Virgil K. Sandefer, Birmingham, for appellant.

William C. Walker, Birmingham, for the City of Birmingham.

HARRIS, Judge.

Appellant was convicted in the Recorder's Court for violating Birmingham's Sunday closing law and he appealed to the Circuit Court of Jefferson County. The City filed a complaint and appellant filed a motion to quash and also filed a demurrer. The demurrer was sustained. The City, thereupon, filed an amended complaint as follows:

"A…