Legal Opinion

City of Birmingham v. Baranco

Alabama Court of Appeals

Decided April 16, 1912PublishedCited by 10 opinions

Appeal from Jefferson Criminal Court. Heard before Hon. E. C. Crowe. Gr. S. Baranco was convicted in tbe Recorder’s court for a violation of a prohibition ordinance enacted in conformity to the prohibition law of 1909. On appeal to the circuit court, the prosecution was dismissed and the proceedings quashed, because of certain ordinances passed, since the commission of the offense, repealing the ordinance under which prosecution was begun, and from this judgment, the city…

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Appeal from Jefferson Criminal Court. Heard before Hon. E. C. Crowe. Gr. S. Baranco was convicted in tbe Recorder’s court for a violation of a prohibition ordinance enacted in conformity to the prohibition law of 1909. On appeal to the circuit court, the prosecution was dismissed and the proceedings quashed, because of certain ordinances passed, since the commission of the offense, repealing the ordinance under which prosecution was begun, and from this judgment, the city appeals. Section 817 of the City Code contains a saving clause which has the effect of saving the repeal of the ordinance…

1Opinion of the CourtPelham, J.

The appellee was convicted in the recorder’s court of the city of Birmingham, a municipal corporation, for violating an ordinance, known and designated as “Ordinance No. 250,” .of said city on April 1, 1911, and an appeal was prosecuted from this judgment of conviction, rendered by the recorder, to the circuit court of Jefferson county on April 3, 1911, where the case remained, pending trial, until the 9th day of November, 1911, when, on motion of appellee, the complaint against him in the circuit court, filed by the appellant, was quashed and appellee discharged. The city of Birmingham…

2Cases cited17 opinions

  1. Burns v. CampbellSupreme Court of Alabama · 1882
  2. Prowell v. State ex rel. HastySupreme Court of Alabama · 1904
  3. Holt v. Mayor of BirminghamSupreme Court of Alabama · 1895
  4. City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
  5. Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842

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3Cited by10 opinions

  1. City of Gadsden v. HaynieAlabama Court of Appeals · 1947
  2. Trent v. StateAlabama Court of Appeals · 1916
  3. Hernandez v. StateCourt of Criminal Appeals of Alabama · 1973
  4. Shapiro v. City of BirminghamAlabama Court of Appeals · 1942
  5. City of Rochester v. Crittenden Park Riding Academy, Inc.New York Supreme Court · 1930

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