Baxter v. City of Ft. Payne

Alabama Court of Appeals

Baxter v. City of Ft. Payne

121 So. 919, 23 Ala. App. 605

CourtAlabama Court of Appeals

DecidedMarch 19, 1929

Docket7 Div. 513.

StatusPublished

This text of 121 So. 919 (Baxter v. City of Ft. Payne) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baxter v. City of Ft. Payne, 121 So. 919, 23 Ala. App. 605 (Ala. Ct. App. 1929).

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Opinion

SAMFORD, J.

There are some exceptions seeking to raise questions as to the validity of the city ordinance under which this prosecution was begun. As to these questions we think section 1954, Code 1923, is plain enough without further construction.

The ordinance claimed to have been violated is an adoption of section 3883 of the Code of 1923. Under the evidence in this case the defendant should not have been convicted. There is no semblance of a violation shown. The evidence on another trial would doubtless be the same, and, as it could serve no good purpose to remand this cause, the judgment is reversed, and a judgment will here be rendered, discharging the defendant. Reversed and rendered.

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SAMFORD, J.

There are some exceptions seeking to raise questions as to the validity of the city ordinance under which this prosecution was begun. As to these questions we think section 1954, Code 1923, is plain enough without further construction.

The ordinance claimed to have been violated is an adoption of section 3883 of the Code of 1923. Under the evidence in this case the defendant should not have been convicted. There is no semblance of a violation shown. The evidence on another trial would doubtless be the same, and, as it could serve no good purpose to remand this cause, the judgment is reversed, and a judgment will here be rendered, discharging the defendant. Reversed and rendered.

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Bluebook (online)

121 So. 919, 23 Ala. App. 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxter-v-city-of-ft-payne-alactapp-1929.