Thomas v. City of Mobile
Supreme Court of Alabama
Appeal from Circuit Court, Mobile- County; Saffold Berney, Judge. Robert Thomas was convicted of violating an ordinance prohibiting traffic in forbidden liquors, and he appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6.
1Opinion of the CourtMcCLELLAN, J.
The appellant, being first convicted in 'the recorder’s court of violating an ordinance of the city of Mobile prohibiting the traffic, etc., in forbidden liquors, took an appeal to the circuit court, where the jury found him guilty and assessed a fine of $50. On sentence, the court imposed upon him an additional penalty of 90 days at hard labor for the city. This appeal brings into question the authority of the court to impose the additional penalty, where, as here, the jury imposed a fine only.
Section 24 (amended) of the ordinance provides:
“That any person, firm, association or corporation…
2Cases cited1 opinion
- Clark v. City of UniontownAlabama Court of Appeals · 1912
3Cited by8 opinions
- Guin v. City of TuscaloosaAlabama Court of Appeals · 1925
- Nelson v. City of RoanokeAlabama Court of Appeals · 1931
- Ex Parte HallSupreme Court of Alabama · 1951
- Johnson v. City of JasperAlabama Court of Appeals · 1950
- Windham v. City of AndalusiaSupreme Court of Alabama · 1928
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