Wilson v. City of Birmingham

PRICE, Judge.

Appellant was convicted in the circuit court on a charge of possessing lottery tickets in violation of Section 600 of the General City Code of Birmingham, Alabama.

The first assignment of error is based upon the action of the trial court in overruling appellant’s demurrer to the complaint, on grounds asserting the unconstitutionality of the ordinace on which the complaint is based. Ordinance 600 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.

Assignment 4 raises the question of the…