Birmingham v. Evans

Supreme Court of Alabama

Birmingham v. Evans

300 So. 2d 401, 293 Ala. 136, 1974 Ala. LEXIS 932

CourtSupreme Court of Alabama

DecidedSeptember 12, 1974

DocketSC 841

StatusPublished

Cited by3 cases

This text of 300 So. 2d 401 (Birmingham v. Evans) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Birmingham v. Evans, 300 So. 2d 401, 293 Ala. 136, 1974 Ala. LEXIS 932 (Ala. 1974).

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Opinion

McCALL, Justice.

In. view of the holdings in Colten v. Kentucky, 407 U.S. 104, 92 S.Ct. 1953, 32 L.Ed2d 584 (1972), Walker v. Dillard, D. C., 363 F.Supp. 921 (1973), and Manns v. Virginia, 213 Va. 322, 191 S.E.2d 810 (1972), all decided since Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491, rehearing denied 392 U.S. 947, 88 S.Ct. 2270, 20 L.Ed.2d 1412, (1968), we reaffirm the position taken by this court, holding that a jury trial should not be required in a municipal court or other court from which an appeal can be taken as a-matter of right to the circuit court or other court of similar jurisdiction, where the defendant can have a trial de novo before a jury.

Petition of Laura Birmingham for certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that court in Birmingham v. Evans, 53 Ala.App. 358, 300 So.2d 396, is denied.

Writ denied.

HEFLIN, C. J., and COLEMAN, BLOODWORTH and JONES, JJ., concur.

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McCALL, Justice.

In. view of the holdings in Colten v. Kentucky, 407 U.S. 104, 92 S.Ct. 1953, 32 L.Ed2d 584 (1972), Walker v. Dillard, D. C., 363 F.Supp. 921 (1973), and Manns v. Virginia, 213 Va. 322, 191 S.E.2d 810 (1972), all decided since Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491, rehearing denied 392 U.S. 947, 88 S.Ct. 2270, 20 L.Ed.2d 1412, (1968), we reaffirm the position taken by this court, holding that a jury trial should not be required in a municipal court or other court from which an appeal can be taken as a-matter of right to the circuit court or other court of similar jurisdiction, where the defendant can have a trial de novo before a jury.

Petition of Laura Birmingham for certiorari to the Court of Criminal Appeals to review and revise the judgment and decision of that court in Birmingham v. Evans, 53 Ala.App. 358, 300 So.2d 396, is denied.

Writ denied.

HEFLIN, C. J., and COLEMAN, BLOODWORTH and JONES, JJ., concur.

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Bluebook (online)

300 So. 2d 401, 293 Ala. 136, 1974 Ala. LEXIS 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birmingham-v-evans-ala-1974.

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