191 S.E. 152 (Ga.App. 1937), 25850, Lovell v. City of Griffin

Docket Nº:25850.
Citation:191 S.E. 152, 55 Ga.App. 609
Opinion Judge:MacINTYRE, Judge.
Party Name:LOVELL v. CITY OF GRIFFIN.
Attorney:John O. Owen, Chas. G. Reynolds, G. C. Powell, and H. A. Allen, all of Atlanta, for plaintiff in error. J. O. Futral and W. H. Connor, Sol. Gen., both of Griffin, for defendant in error.
Judge Panel:BROYLES, C.J., and GUERRY, J., concur.
Case Date:March 11, 1937
Court:Court of Appeals of Georgia
 
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Page 152

191 S.E. 152 (Ga.App. 1937)

55 Ga.App. 609

LOVELL

v.

CITY OF GRIFFIN.

No. 25850.

Court of Appeals of Georgia, First Division

March 11, 1937

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 197 S.E. 347

Casemaker Note: Portions of this opinion were specifically rejected by a higher court in 303 U.S. 444

Casemaker Note: Portions of this opinion were specifically rejected by a later court in 197 S.E. 347

Rehearing Denied March 31, 1937.

Syllabus by Editorial Staff.

City ordinance declaring that distribution of literature within city limits without permit should be deemed nuisance and punishable as offense against city, and that police were thereby required to suppress and abate such nuisance, held not invalid as conflicting with statutory provision for abatement and criminal prosecution for nuisances within city (Code 1933, §§ 72-401, 72-9901).

City ordinance providing that distribution of literature within city limits without permit should be deemed nuisance and punishable as offense against city held not unconstitutional abridgment of freedom of press or prohibition of distribution of literature concerning religion (Const. U.S. Amend. 14).

Charge that city ordinance is void because it violates designated and quoted article, section, and paragraph of Federal or State Constitution, without statement of wherein it violates Constitution, is too indefinite to invoke ruling on constitutionality of ordinance.

In trial before municipal court, recorder or other presiding judge may take judicial notice of city ordinances defining offenses against city.

Error from Superior Court, Spalding County; Wm. E. H. Searcy, Jr., Judge.

Proceeding by the City of Griffin against Alma Lovell. To review a judgment of the superior court refusing a petition for certiorari to review a judgment of the municipal court, the defendant brings error.

Affirmed.

John O. Owen, Chas. G. Reynolds, G. C. Powell, and H. A. Allen, all of Atlanta, for plaintiff in error.

J. O. Futral and W. H. Connor, Sol. Gen., both of Griffin, for defendant in error.

Syllabus OPINION.

MacINTYRE, Judge.

1. There was no conflict between the law as embodied in Code, §§ 72-401 and 72-9901, and the ordinance which reads as follows: "Be it ordained by the Board of...

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