Pitts v. District of Opelika

The defendant was convicted before the Recorder; of a violation of an ordinance of the “District of Opelika,” from which he took an appeal to the Circuit Court. On the appeal, a complaint was filed, to which the defendant interposed a demurrer, but afterwards pleaded “ not guilty,” without invoking or obtaining action of the court on the demurrer. This was a waiver of the demurrer, and the insufficiency or irregularity of the complaint is not properly presented for revision. The sole question arises on the refusal of the court to charge, at the request of defendant, that if the ordinance had…