Allen v. Town of Thomaston
Alabama Court of Appeals
Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Warner Allen was convicted of violating an ordinance of the Town of Thomaston, and appealed to the circuit court, where he was again convicted, and he appeals to the Court of Appeals.
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Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Warner Allen was convicted of violating an ordinance of the Town of Thomaston, and appealed to the circuit court, where he was again convicted, and he appeals to the Court of Appeals. So far as appears from the record, the trial was had in the circuit court on the original affidavit filed in the Mayor’s court, which was as follows (omitung formal charging part): Affiant deposes and says that he has probable cause for believing, and does believe, that the offense of public drunkenness has been committed within the corporate limits…
1Opinion of the CourtBrown, P. J.
On the authority of Miles v. City of Montgomery, 8I South. 351, 2 the judgment of the court on the demurrers to the complaint is erroneous, and must be reversed.
Chapter 32 of the Code of 1907, §§ 1046-1460, embraces the law respecting the power of municipal corporations, and their proceedings, and the rules of evidence respecting the proof of the proceedings and ordinances will be found stated in the following cases: Strickland v. Town of Samson, 16 Ala. App. 592, 80 South. 166; Glenn v. City of Prattville, 14 Ala. App. 621, 71 South. 75.
Reversed and remanded.
2
Ante, p. 15.
2Cases cited2 opinions
- Glenn v. City of PrattvilleAlabama Court of Appeals · 1916
- Strickland v. Town of SamsonAlabama Court of Appeals · 1918