Pappas v. City of Eufaula

Alabama Court of Appeals

Pappas v. City of Eufaula

127 So. 263, 23 Ala. App. 485, 1930 Ala. App. LEXIS 103

CourtAlabama Court of Appeals

DecidedMarch 4, 1930

Docket4 Div. 539.

StatusPublished

Cited by1 cases

This text of 127 So. 263 (Pappas v. City of Eufaula) 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

Pappas v. City of Eufaula, 127 So. 263, 23 Ala. App. 485, 1930 Ala. App. LEXIS 103 (Ala. Ct. App. 1930).

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Opinion

RICE, J.

Appellant, on appeal from a like conviction in the recorder’s court of the' city of Eufaula, was convicted of the offense of violating an ordinance of the said city prohibiting the sale, etc., of intoxicating liquors, in the circuit court of Barbour county. There ivas no objection interposed, in either the recorder’s court or the circuit court, to the process, or complaint, on which the appellant was tried. It appears that proper affi *486 davit, made before the recorder, was the beginning of the prosecution. There was really no necessity for the filing of any “complaint” in the circuit court. Code 1923, § 4646. The objection, made for the first time here, on appeal, to the sufficiency of said complaint, is therefore unavailing.

The evidence was ample to support the verdict and judgment of guilt. The judgment from which the appeal is taken must be, and is, affirmed.

Affirmed.

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RICE, J.

Appellant, on appeal from a like conviction in the recorder’s court of the' city of Eufaula, was convicted of the offense of violating an ordinance of the said city prohibiting the sale, etc., of intoxicating liquors, in the circuit court of Barbour county. There ivas no objection interposed, in either the recorder’s court or the circuit court, to the process, or complaint, on which the appellant was tried. It appears that proper affi *486 davit, made before the recorder, was the beginning of the prosecution. There was really no necessity for the filing of any “complaint” in the circuit court. Code 1923, § 4646. The objection, made for the first time here, on appeal, to the sufficiency of said complaint, is therefore unavailing.

The evidence was ample to support the verdict and judgment of guilt. The judgment from which the appeal is taken must be, and is, affirmed.

Affirmed.

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Bluebook (online)

127 So. 263, 23 Ala. App. 485, 1930 Ala. App. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pappas-v-city-of-eufaula-alactapp-1930.

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