Bearden v. City of Attalla

The appellant was arrested, tried, and convicted in the mayor’s court of the city of Attalla for a violation of a certain ordinance of that city. He appealed to the circuit court and was there tried by jury, demand for which was duly made in writing upon a complaint filed by the city attorney. No objection by demurrer, or otherwise, was interposed to the complaint. The defendant pleaded “not guilty” thereto and this plea put in issue the material averments • of the complaint, and upon the city rested the burden of proving any or all of the charges contained therein; the measure of proof being…