Burke v. City of Rainbow City

KENNEDY, Justice.

The issue in this case is whether in a criminal prosecution the prosecuting authority must file a new complaint on the defendant’s appeal from the municipal court to the circuit court in order to confer jurisdiction upon the circuit court.

The defendant, Russell Burke, was convicted in the municipal court of Rainbow City of driving under the influence of alcohol. *348Burke appealed to the Circuit Court of Eto-wah County. The City filed in the circuit court a transcript of the proceedings that had taken place in the municipal court. Included in the transcript was the Uniform…