Gandy v. City of Birmingham

BOULDIN, Justice.

Petitioner was convicted in the Recorder’s Court for violation of an ordinance of the City of Birmingham; she appealed to the Circuit Court, was there convicted, and forthwith took an appeal to the Court of Appeals. Thereafter, within the thirty-day period, she filed a motion for new trial, which the trial court undertook to entertain, and thereafter overruled.

The Court of Appeals held that, as regards appellate procedure, this is a civil and not a criminal case; that taking the appeal transferred jurisdiction of the cause to the appellate court divesting the circuit court of…