Smith v. City of Birmingham

CARR, Presiding Judge.

The accused was convicted in the circuit court on a charge of possessing lottery *73tickets in violation of Section 600 of the General City Code of' Birmingham, Alabama.

This ordinance was held to be constitutional in Fiorella v. City of Birmingham, 35 Ala.App. 384, 48 So.2d 761, certiorari denied 254 Ala. 515, 48 So.2d 768.

The jury by'its verdict fixed the punishment at a fine and hard labor for the City.

It seems to be now well settled that in cases of this nature the power is in the trial judge and not the jury to impose hard labor. Nix v. City of Andalusia, 21 Ala. App.…