Hobdy v. City of Florala, 4 Div. 332

Decision Date01 October 1975
Docket Number4 Div. 332
Citation56 Ala.App. 536,323 So.2d 421
PartiesCharlie HOBDY v. CITY OF FLORALA.
CourtAlabama Court of Criminal Appeals

J. Allen Cook, Andalusia, for appellee.

PER CURIAM.

This appeal is from a conviction of the appellant in the circuit court for violation of an ordinance of the City of Florala, with a fine of $100 assessed against the appellant by the jury with a sentence of thirty-seven days at hard labor for the City of Florala, by reason of the appellant's failure to pay the fine and costs.

Upon the conclusion of the entire testimony the appellant's motion to exclude the testimony and for a directed verdict was Appeal from a conviction for the violation of a city ordinance is quasicriminal in nature, subject to the rules governing civil appeals and review by this court is limited to errors assigned and argued in appellant's brief. Jones v. City of Decatur, 53 Ala.App. 470, 301 So.2d 235.

overruled by the court. The grounds of the motion relied upon for a reversal are set out in the assignment of errors filed by appellant.

The assignments of errors are argued together and are directed generally to the failure of the City to properly apprise the appellant in its complaint of the offense charged and the further failure of the City to show a violation of an ordinance described in the complaint by reason of the failure to offer proper proof.

The complaint filed by the City in the Circuit Court along with Exhibit A thereto is set out as follows:

'COMPLAINT

Count One

Comes the City of Florala, Alabama, a municipal corporation, by its Solicitor and complains that Charlie Hodby within twelve (12) months before the beginning of this prosecution and within the corporate limits of the City of Florala, Alabama, did on, to-wit, the 13th day of July, 1974, operate an automobile on the public streets of Florala, Alabama, while intoxicated, contrary to and in violation of an ordinance reflected by Ordinance 417 of the Code of Ordinances of the City of Florala, Alabama. A copy of such ordinance is attached hereto, marked Exhibit 'A' to this complaint and made a part hereof.

s/ J. Allen Cook

Solicitor for the City of

Florala, Alabama, a

municipal corporation.'

'EXHIBIT A

AN ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLORALA, ALABAMA, AS FOLLOWS:

1. It shall be unlawful and a violation of this ordinance, hereinafter referred to as the 'adoption ordinance', for any person knowingly to commit within the corporate limits of the City of Florala, Alabama, or within the police jurisdiction thereof any act or acts which constitutes or constitute a misdemeanor under the laws of the State of Alabama, or knowingly to violate any criminal statute of the State of Alabama, the violation of which constitutes a misdemeanor under the laws of the State of Alabama, provided that such act, acts or violations are not violations of previous ordinances of this City now in force and effect, it being declared that when an act, or acts constitute a violation of a previous ordinance of this City now in force and effect, such previous ordinance shall be applied to all prosecutions.

2. This adoption ordinance adopts as a code of the City of Florala, Alabama, the laws of the State of Alabama now in force and effect as to all misdemeanors thereunder which are not a violation of an existing ordinance of this City, it being specifically declared that all such existing ordinance now in effect remain in full force and effect. The laws of the State of Alabama hereby adopted are contained in the Code of Alabama, 1940, and official additions and supplements thereto, and acts of the legislature of the State of Alabama, located at the City Hall of this City and there available for public inspection.

3. Any person violating this ordinance shall on conviction for each violation be punished by a fine of not more than $100.00 or imprisonment at hard labor for not more than six months, one or both, provided that in no event shall a sentence be...

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