Ahlrichs v. City of Cullman
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. E. I). Almon. This was a prosecution for the violation of an ordinance of the City of Cullman, and was commenced by an affidavit made before the mayor of Cullman in which affiant charged “that he has probable cause for believing and does believe that in the month of February, .1898, the offense of engaging in the business of practicing law in said city for which a license is required without having first…
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Appeal from the Circuit Court of Cullman. Tried before the Hon. E. I). Almon. This was a prosecution for the violation of an ordinance of the City of Cullman, and was commenced by an affidavit made before the mayor of Cullman in which affiant charged “that he has probable cause for believing and does believe that in the month of February, .1898, the offense of engaging in the business of practicing law in said city for which a license is required without having first procured and paid for such license and contrary to law was committed by Alvin Ahlrichs in violation of an ordinance of said…
1Opinion of the CourtMcCLELLAN, C. J.
Prosecution for violating a municipal ordinance. It is affirmed in the complaint that the affiant “Ims probable cause for believing and does believe” that a specific offense has been committed, etc., etc. The constitution authorizes arrests for offenses on a showing of probable cause. Our statutes authorize prosecutions to conviction of misdemeanors upon affidavits showing probable cause, and preliminary proceedings upon probable cause shown by deposition. The violation of a city ordinance is a quasi crime of the quality of a misdemeanor. It would be anomalous to require *443greater positiveness,…
2Cited by2 opinions
- Du Bose v. City of MontgomeryAlabama Court of Appeals · 1961
- Opdyke v. City of AnnistonAlabama Court of Appeals · 1918