Costello v. State
Supreme Court of Alabama
Appeals from Jefferson Criminal Court. Tried before Hon. S. E. GreeNE. These were three several appeals,but were argued and submitted together, and the facts in each are substantially the same, and sufficiently appear in the opinion. The court below, in each case, gave the general affirmative charge in favor of the State, the same being requested in writing, and the giving of this charge is assigned as error.
Read the full summary
Appeals from Jefferson Criminal Court. Tried before Hon. S. E. GreeNE. These were three several appeals,but were argued and submitted together, and the facts in each are substantially the same, and sufficiently appear in the opinion. The court below, in each case, gave the general affirmative charge in favor of the State, the same being requested in writing, and the giving of this charge is assigned as error. It is not sufficient to authorize a conviction for maintaining a public nuisance, to merely prove that the defendant occupied a part of the sidewalk or public highway. The State has to…
1Opinion of the CourtHead, J.
These are three several eases, being criminal prosecutions, one against each of the appellants, for erecting or maintaining a public nuisance, in the city of Birmingham. The charge against each, as set forth in the complaint is, that, in a part of a designated public highway, within the corporate limits of said city, in the county of Jefferson, State of Alabama, he did, knowingly, intentionally, and unlawfully, erect, keep or maintain, for the purpose-of doing business, a certain fruit stand, by reason whereof said highway, or a portion thereof, was obstructed and made less convenient, to the…
2Cases cited16 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- State v. BerdettaIndiana Supreme Court · 1880
- Webb v. City of DemopolisSupreme Court of Alabama · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- First National Bank v. TysonSupreme Court of Alabama · 1901
- Cloverdale Homes v. Town of CloverdaleSupreme Court of Alabama · 1913
- Branyon v. KirkSupreme Court of Alabama · 1939
- City of Birmingham v. Hood-Mcpherson Realty Co.Supreme Court of Alabama · 1937
- First National Bank v. TysonSupreme Court of Alabama · 1905
23 more not listed; retrieve them via the Exa API.