Casteel v. City of Decatur

• Decision Date: 09 February 1926
• Docket Number: 8 Div. 447
• Citation: 109 So. 571,21 Ala.App. 337
• Parties: CASTEEL v. CITY OF DECATUR.
• Court: Alabama Court of Appeals

109 So. 571

21 Ala.App. 337

CASTEEL v. CITY OF DECATUR.

8 Div. 447

Court of Appeals of Alabama

February 9, 1926

Rehearing Denied April 6, 1926

Appeal from Morgan County Court; W.T. Lowe, Judge.

W.H. Casteel was convicted for violation of an ordinance, and he appeals. Reversed and remanded.

G.O. Chenault, of Albany, for appellant.

W.W. Callahan, of Decatur, for appellee.

RICE, J.

The record on this appeal contains an affidavit made before the mayor of the city of Decatur purporting to charge this appellant with the violation of an ordinance of that city. It appears though that no warrant of arrest was issued for the appellant by such officer. There is no record of any arrest, trial, or conviction of appellant in the mayor's court. And the Morgan county court does not appear to have acquired jurisdiction over the person of appellant in any of the ways provided by law. The judgment appealed from is therefore without support in the record, and, under the established practice in this court, the same is reversed and the cause remanded. Courson v. State, 18 Ala.App. 538, 93 So. 223.

We might add that, it is our opinion, that the city ordinance involved, drawn in the language that appears, construed according to the established method prevailing in this state, did not contemplate nor include in its terms offenses of the nature of that for which this appellant was sought to be prosecuted, and the objection to its introduction in evidence should have been sustained.

Reversed and remanded.

PER CURIAM.

Affirmed on authority of Casteel v. City of Decatur, 109 So. 571.