Pearson v. City of Huntsville

CATES, Judge.

This is an appeal from a conviction of remaining on premises of another after being requested to leave. Code 1940, T. 14, § 426. 1

Here the city recorder sat as a judge of a state court. Code 1940, T. 37, § 594. He did not purport to sentence the defendant to work on the city streets but assessed "three months at hard labor for Madison County.” Cf. Code 1940, T. 37, § 595 (fines and punishments by recorders trying misdemeanors same as in state courts).

I

Municipal corporations may pass ordinances to carry out their charters. When they seek to penalize breaches of their bylaws they…