Smiley v. City of Birmingham

Alabama Court of Appeals

Smiley v. City of Birmingham

52 So. 2d 710, 36 Ala. App. 64

CourtAlabama Court of Appeals

DecidedMarch 27, 1951

Docket6 Div. 92

StatusPublished

Cited by2 cases

This text of 52 So. 2d 710 (Smiley v. City of Birmingham) 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

Smiley v. City of Birmingham, 52 So. 2d 710, 36 Ala. App. 64 (Ala. Ct. App. 1951).

Pincite

Opinion

HARWOOD, Judge.

On appeal from’the Recorder’s Court of the City of Birmingham from her conviction for violation of'an ordinance inhibiting the operation of lotteries, this appellant was again found guilty in the Circuit Court of Jefferson County.

. The evidence is ample to support the verdict of guilty and the judgment rendered thereon.

All of the propositions argued in appellant’s brief raise but two points, first the constitutionality of Ordinance 600 of the City of Birmingham, and second, that the court erred in overruling appellant’s motion to discharge -the venire on the ground that the court had stated to the jury at the opening of the trial below that “this case comes by way of appeal from the Recorder’s Court into the Circuit Court to be tried here, and the law says de novo by a jury.”

• Both of these points have been decided adversely to appellant’s contentions in the recent cases of Fiorello v. City of Birmingham, Ala.App., 48 So.2d 761,¹ certiorari denied 254 Ala. 515, 48 So.2d 768; and City of Birmingham v. Reed, Ala.App., 44 So.2d 607.

Affirmed.

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