Trimble v. Town of Haleyville
Decision Date | 08 April 1924 |
Docket Number | 6 Div. 385. |
Citation | 20 Ala.App. 13,101 So. 523 |
Parties | TRIMBLE v. TOWN OF HALEYVILLE. |
Court | Alabama Court of Appeals |
Rehearing Denied May 13, 1924.
Appeal from Circuit Court, Winston County; Ernest Lacy, Judge.
Prosecution by the Town of Haleyville against Priestly Trimble for violation of a prohibition ordinance. From a judgment of conviction, defendant appeals. Affirmed.
Certiorari denied by Supreme Court in Ex parte Trimble, 101 So. 524.
Curtis Pennington & Pou, of Jasper, for appellant.
Chester Tubb, of Haleyville, for appellee.
A person charged with the violation of a municipal ordinance is entitled, in the municipal or mayor's court, "to be apprised of the nature and character of the proceeding instituted against him by a written complaint." But if being so accused, a defendant proceeds to trial without demanding, in the municipal court, a written complaint setting forth the accusation against him, he must be held to have waived the right, and cannot for the first time take advantage of such omission on appeal. McKinstry v. City of Tuscaloosa, 172 Ala. 344, 54 So. 629. The statement of the attorney for the city filed in the circuit court, was defective, in that it did not set out the substance of the ordinance of the city and its adoption. Miles v. City of Montgomery, 17 Ala. App. 15, 81 So. 351; Barnes v. City of Huntsville, 18 Ala. App. 646, 94 So. 188. But the statement was not objected to on that ground, and stating, as it does, though only as a conclusion, a violation of an ordinance of the town of Haleyville, and no sufficient grounds of demurrer having been filed, the demurrer as filed was properly overruled. Dowling v. City of Troy, 1 Ala. App. 508, 56 So 116; Fealey v City of Birmingham, 15 Ala. App. 367, 73 So. 296.
The ordinance introduced in evidence is not the same as that passed on in the Kreulhaus Case, 164 Ala. 623, 51 So. 297, 26 L. R. A. (N. S.) 492 This ordinance is valid. City of Montgomery v. Davis, 15 Ala. App. 606, 74 So. 730; Ex parte Davis, 200 Ala. 436, 76 So. 368.
We have given careful consideration to the third contention of appellant that:
"A person cannot be convicted upon the evidence of a detective who procures and entices the defendant to commit the crime, for the purpose of having him arrested and prosecuted."
The authorities cited are from jurisdictions of high standing and would be applicable, if the facts of this case were...
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Brooks v. City of Birmingham
... ... 1061; Clark v. City of Uniontown, 4 Ala.App. 264, 58 ... So. 725; Trimble v. Town of Haleyville, 20 Ala.App ... 13, 101 So. 523; Turner v. Town of Lineville, 2 ... ...
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Ex parte Trimble
...convicted in the mayor's court of the town of Haleyville, under an ordinance set out in the report of the appeal in the case of Trimble v. State, 101 So. 523; that he appealed the circuit court, where he was tried and convicted by the judge without a jury; the judgment of the circuit court ......
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Jones v. State, 6 Div. 511
... ... Drandell Warren and I got in the car, started it up and headed south out of town driving it because he said that it wouldn't smoke or steam until it got warm. And we went maybe a ... ...
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Nelson v. City of Roanoke, 5 Div. 825.
... ... To sustain this contention, the ... appellant invokes the doctrine referred to in Trimble v ... Town of Haleyville, 20 Ala. App. 13, 101 So. 523. The ... doctrine spoken of in that case ... ...