From Casetext: Smarter Legal Research

Martin v. City of Birmingham

Court of Appeals of Alabama
Dec 19, 1922
94 So. 789 (Ala. Crim. App. 1922)

Opinion

6 Div. 76.

December 19, 1922.

Appeal from Circuit Court, Jefferson County; H.P. Helfin, Judge.

Cora Martin was convicted of a violation of a city ordinance, and she appeals. Affirmed.

M.L. Ward, of Birmingham, for appellant.

Brief of counsel did not reach the Reporter.

Robt. J. Wheeler and T.E. McCullough, both of Birmingham, for appellee.

Brief of counsel did not reach the Reporter.


The record discloses that this appellant was tried and convicted in the recorder's court of the city of Birmingham for a violation of the prohibition ordinances of the city. She appealed to the circuit court of Jefferson county, demanded a jury trial, and was there tried upon a complaint filed by the attorneys for the city. The jury returned a verdict of guilty as charged in the complaint, and judgment was pronounced accordingly.

From the judgment in the circuit court this appeal was taken, and the cause was here submitted on November 28, 1922, on motion to affirm the judgment of the court below for want of assignment of errors.

No errors having been assigned as required by law, the motion is granted, and the judgment of the circuit court in affirmed. Hellner v. City of Montgomery, 16 Ala. App. 366, 77 So. 978; Crowder v. City of Montgomery, 16 Ala. App. 686, 81 So. 134; Dreyfus v. City of Montgomery, 4 Ala. App. 270, 58 So. 730.

Moreover, there is no bill of exceptions, and the time for filing same has expired; the appeal therefore being upon the record proper. As no error appears thereon, the judgment appealed from for that reason also should be affirmed.

Affirmed.


Summaries of

Martin v. City of Birmingham

Court of Appeals of Alabama
Dec 19, 1922
94 So. 789 (Ala. Crim. App. 1922)
Case details for

Martin v. City of Birmingham

Case Details

Full title:MARTIN v. CITY OF BIRMINGHAM

Court:Court of Appeals of Alabama

Date published: Dec 19, 1922

Citations

94 So. 789 (Ala. Crim. App. 1922)
94 So. 789

Citing Cases

Edgil v. City of Carbon Hill

Curtis, Pennington Pou, of Jasper, for appellee. In absence of an assignment of error, the appeal will be…

Parks v. City of Montgomery

Where no errors are assigned in appeals from convictions for violations of municipal ordinances, the judgment…