City of Birmingham v. Williams
Decision Date | 27 June 1934 |
Docket Number | 6 Div. 597. |
Citation | 26 Ala.App. 200,155 So. 878 |
Parties | CITY OF BIRMINGHAM v. WILLIAMS. |
Court | Alabama Court of Appeals |
Appeal from Circuit Court, Jefferson County; J. Russell McElroy Judge.
Arlean Williams was convicted in recorder's court of violation of an ordinance, but, on appeal to the circuit court, he was acquitted, and the City of Birmingham appeals.
Affirmed.
Certified questions answered in 155 So. 877.
W. J. Wynn and Ralph E. Parker, both of Birmingham, for appellant.
Dan Trawick, Jr., of Birmingham, for appellee.
This is an appeal by the city of Birmingham from an order or judgment overruling and denying its motion to set aside the verdict of the jury in appellee's favor, and the judgment of acquittal rendered thereon, in a prosecution begun by it against appellee in the recorder's court of said city for a violation of one of the city's penal ordinances, which prosecution, after resulting in a conviction of appellee in the recorder's court, was carried by her by appeal to the circuit court.
Apprehending as we thought, after an examination of the record, that an affirmance by us of the judgment appealed from might be construed by some as an act giving verity to the remarks of the learned trial judge to the effect that so much of the act of the Legislature of Alabama approved August 20, 1915 (Gen Acts Ala. 1915, p. 304), as is quoted in the next hereinafter included document was unconstitutional and void, we filed with the Supreme Court the said document, to wit:
Following is the response received by us:
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Player v. State
...clear enough that 'judgments appealed from, not reasons therefor, determine action of reviewing court.' " City of Birmingham v. Williams, 26 Ala.App. 200, 203, 155 So. 878 (1934). II The defendant argues that the trial court erred by overruling his objection to the prosecutor's closing argu......
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Parks v. City of Montgomery
...Casteel v. City of Decatur, 215 Ala. 4, 109 So. 571; Hundley v. City of Huntsville, 23 Ala.App. 451, 126 So. 616; City of Birmingham v. Williams, 26 Ala.App. 200, 155 So. 878; Gentle v. City of Huntsville, 26 Ala.App. 374, 160 So. 273; Davis v. City of Guntersville, 27 Ala.App. 208, 169 So.......
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Hudson v. Eighth Judicial Dist. Court, In and For Clark County
...Miller v. Winstead, 75 Idaho 262, 270 P.2d 1010, 1012 (1954); City of Birmingham v. Williams, 229 Ala. 101, 155 So. 877; 26 Ala.App. 200, 155 So. 878 (1934). This state has not heretofore passed on the question. In State ex rel. Callahan v. Second Judicial District Court, 54 Nev. 377, 18 P.......
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City of Birmingham v. Tomberlin, 6 Div. 252
...Birmingham prosecutes this appeal pursuant to the provisions of Title 62, Section 693, Code of Alabama 1940, and City of Birmingham v. Williams, 26 Ala.App. 200, 155 So. 878. Police Officer Jimmy L. Wesson testified that, accompanied by Sgt. C. E. Nelson, he went to Eckerd's Drug Store in t......