Opinion
4 Div. 280.
June 7, 1927.
Appeal from Circuit Court, Russell County; J. S. Williams, Judge.
William Redding was convicted of violating an ordinance of the city of Phenix City, and he appeals. Reversed and remanded.
Frank M. de Graffenried, of Seale, for appellant.
With the exception of the ordinances of cities having a population of 100,000 or more, courts of general jurisdiction do not take judicial notice of municipal ordinances; and no presumption can be indulged as to the existence of such ordinances, in the absence of both allegation and proof. Smith v. Town of Eclectic, 18 Ala. App. 329, 92 So. 212.
Roy L. Smith, of Phenix City, for appellee.
Brief did not reach the Reporter.
In a prosecution for the violation of the terms of a city ordinance, except in certain specified cases, of which this is not one (Acts 1915, p. 294), it is essential that the ordinance in question, properly authenticated, be introduced in evidence. Smith v. Town of Eclectic, 18 Ala. App. 329, 92 So. 212. This was not done in this case, and for that reason the judgment must be reversed and the cause remanded.
Reversed and remanded.