Graves v. Town of Gulf Shores, 1 Div. 24
| Decision Date | 05 June 1979 |
| Docket Number | 1 Div. 24 |
| Citation | 371 So.2d 984 |
| Parties | Michael GRAVES v. TOWN OF GULF SHORES. |
| Court | Alabama Court of Criminal Appeals |
Charles C. Partin, III, of Stone & Partin, Bay Minette, for appellant.
No brief for appellee.
Appellant was convicted in the Municipal Court of Gulf Shores, for the offense of insulting a police officer. He was fined fifty dollars in addition to the court costs. He appealed to the Circuit Court of Baldwin County for a trial de novo. He did not demand a jury trial and was tried by the circuit judge sitting without a jury. He was put to trial upon the original affidavit.
Appellant filed a demurrer to the affidavit alleging Inter alia that the affidavit failed to state an offense against the Criminal Code of the City of Gulf Shores, Alabama, and that the allegations of the affidavit were insufficient in that they were no more than a statement of the offense in the language of Section 13-6-19, Code of Alabama 1975. The demurrer was overruled and appellant was found guilty as charged in the original affidavit and assessed a fine of one hundred dollars. He appeals from this conviction.
The City of Gulf Shores did not see fit to file a brief on this appeal.
The evidence shows that appellant went to the Gulf Shores Police Department to post bond for his brother who had been arrested for a traffic violation while driving appellant's car. Two officers decided to search appellant's car after his brother had been released. When appellant objected to this search, one of the officers pulled out his badge and identified himself as a Deputy. Appellant replied, "I could give a shit who the hell you say you are." He was then placed under arrest for insulting a police officer.
The affidavit under which this prosecution was commenced reads as follows:
The affidavit fails to allege violation of any ordinance of the Town of Gulf Shores and therefore fails to establish any offense with which appellant was charged. A proper complaint by a city or town must be based on a legally enacted ordinance of the municipality...
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Hill v. State, 8 Div. 537
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Mays v. City of Prattville
...Therefore, the judgment below must be reversed and one entered ordering that the defendant be discharged sine die. Graves v. Town of Gulf Shores, Ala.Cr.App., 371 So.2d 984; Whitehead v. City of Russellville, 54 Ala.App. 289, 307 So.2d 94; Cooper v. City of Daphne, 54 Ala.App. 555, 310 So.2......