Jones v. City of Decatur, 8 Div. 478
| Decision Date | 01 October 1974 |
| Docket Number | 8 Div. 478 |
| Citation | 53 Ala.App. 470,301 So.2d 235 |
| Parties | Herman Odell JONES v. CITY OF DECATUR. |
| Court | Alabama Court of Criminal Appeals |
Ralph E. Slate, Decatur, for appellant.
Coleman, Cauthen & Bibb, Decatur, for the City of Decatur.
Appellant was convicted of violating the following ordinance of the City of Decatur:
'It shall be unlawful for any person, whether licensed or now (sic), who is an habitual user of narcotic drugs, or any person who is intoxicated, to drive any motor vehicle upon any street or highway of this city, and he shall, upon conviction be punished by a fine of one hundred dollars and may be imprisoned in the city jail for not more than six months, or both, in the discretion of the court trying the cause.'
A jury trial was demanded and the jury verdict reads, 'We, the jury, find the defendant guilty and fix his punishment at a fine of $100.00.' As additional punishment the court sentenced appellant to perform Hard labor for Morgan County for a term of thirty (30) days for said offense. The judgment entry recites the hard labor sentence was suspended and the accused was placed on probation for a period of six (6) months. Appellant gave notice of appeal and the appeal bond was set at $500.00. The judgment entry further recites:
The record contains nine (9) assignments of error and appellant's brief sets forth five (5) Propositions of Law. Appellant argues the assignments of error but fails to cite a single legal authority in support of the assigned errors or the propositions of law. Thus, appellant's brief does not meet the requirements of Supreme Court Rule 9.
Appeal from a conviction for violating a city ordinance is quasi-criminal in nature and subject to rules governing civil appeals and review is limited to errors assigned and argued in appellant's brief. Gober v. City of Birmingham, 41 Ala.App. 313, 133 So.2d 697; Woods v. City of Tuscaloosa, 43 Ala.App. 626, 198 So.2d 306.
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Lewis v. State
...legal authority have the same effect as if no argument had been made, and argument will be deemed waived. Jones v. City of Decatur, 53 Ala.App. 470, 301 So.2d 235 (Ala.Cr.App.1974); Terry v. City of Decatur, 49 Ala.App. 652, 275 So.2d 167 (Ala.Cr.App.1973).' Vinzant, supra; see also Andrews......
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Watkins v. State
...authority have the same effect as if no argument had been made, and the argument will be deemed waived. Jones v. City of Decatur, 53 Ala.App. 470, 301 So.2d 235 (Ala.Cr.App.1974); Terry v. City of Decatur, 49 Ala.App. 652, 275 So.2d 167 (Ala.Cr.App.1973); Adams v. State, 291 Ala. 224, 279 S......
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Johnson v. State
...authority have the same effect as if no argument had been made, and the argument will be deemed waived. Jones v. City of Decatur, 53 Ala.App. 470, 301 So.2d 235 (Ala.Cr.App.1974); Terry v. City of Decatur, 49 Ala.App. 652, 275 So.2d 167 (Ala.Cr.App.1973); Adams v. State, 291 Ala. 224, 279 S......
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P.S. v. State, 7 Div. 340
...authority have the same effect as if no argument had been made, and the argument will be deemed waived. Jones v. City of Decatur, 53 Ala.App. 470, 301 So.2d 235 (Ala.Cr.App.1974); Terry v. City of Decatur, 49 Ala.App. 652, 275 So.2d 167 (Ala.Cr.App.1973); Adams v. State, 291 Ala. 224, 279 S......