McKinstry v. City of Tuscaloosa
Supreme Court of Alabama
Violating Municipal Ordinance. Appeal from. Tuscaloosa. County Court. Heard before Hon. H. B. Foster. Susie McKinstry was convicted of violating an ordinance of tbe City of Tuscaloosa and sbe appeals. This is a purely criminal action and is governed by tbe constitution and laws of tbe State with reference to criminal prosecutions. — Arzumanian v. City of Birmingham, 51 S'ontb. 645; Barron v. City of Anniston, 157 Ala. 399; City of Selma v. Shivers, 160 Ala. 505; Crim.
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Violating Municipal Ordinance. Appeal from. Tuscaloosa. County Court. Heard before Hon. H. B. Foster. Susie McKinstry was convicted of violating an ordinance of tbe City of Tuscaloosa and sbe appeals. This is a purely criminal action and is governed by tbe constitution and laws of tbe State with reference to criminal prosecutions. — Arzumanian v. City of Birmingham, 51 S'ontb. 645; Barron v. City of Anniston, 157 Ala. 399; City of Selma v. Shivers, 160 Ala. 505; Crim. Code, Secs. 6700, 6703; Pol. Code, Secs. 1215-1222, incl.; Pol. Code, Sec. 1451; Const., Sec. 170. Tbe mayor’s court was…
1Opinion of the CourtMcCLELLAN, J.
A party accused of a violation of a municipal ordinance is entitled in the municipal court “to be apprised of the nature and character of the proceeding instituted against him by a written complaint.” — Mayor and Aldermen of Birmingham v. O’Hearn, 149 Ala. 307, 42 South. 836. But, if one so accused proceed to trial without demanding, in the municipal court, a written complaint, setting forth the accusation against him, he must be held to have waived the right and cannot for the first time avail of it on appeal. — Aderhold v. Anniston City, 99 Ala. 521, 12 South. 472; Mayor and Aldermen v.…
2Cases cited7 opinions
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Aderhold v. Mayor of AnnistonSupreme Court of Alabama · 1892
- Mayor of Birmingham v. O'HearnSupreme Court of Alabama · 1906
- Barron v. City of AnnistonSupreme Court of Alabama · 1908
- Worthington & Co. v. MencerSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
- Garrett v. StateSupreme Court of Alabama · 1958
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Redwine v. StateSupreme Court of Alabama · 1952
- Turner v. Town of LinevilleAlabama Court of Appeals · 1911
37 more not listed; retrieve them via the Exa API.