Radford v. Town of Palm Beach Shores

The petitioner seeks to review by common-law certiorari an order of the circuit court affirming the petitioner’s conviction in the Municipal Court of the Town of Palm Beach Shores on a charge of violating a municipal ordinance forbidding “Disturbance of the Peace.” Petitioner claims the ordinance to be unconstitutional. This defense was not raised in the trial court, and the circuit judge on appeal refused to consider the defense because of this failure to raise it at trial.

The constitutionality of the ordinance under which petitioner was convicted in the municipal court goes to the very…