The Alabama appellate courts have repeatedly held that this section contemplates only convictions for violations of state law. Caldwell v. State, 282 Ala. 713, 213 So.2d 919 (1968); Birmingham v. Evans, 53 Ala. App. 358, 300 So.2d 396 (1974); Craig v. State, 50 Ala. App. 618, 282 So.2d 59 (1973). In Birmingham v. Evans, supra, the Court of Criminal Appeals stated that, "The violation of a municipal ordinance or regulation is not a crime or criminal offense against the state, but only against the municipal corporation enacting the ordinance or regulation."

In view of the holdings in Colten v. Kentucky, 407 U.S. 104, 92 S.Ct. 1953, 32 L.Ed.2d 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.

During oral argument, the City Prosecutor argued that the defendant had not been arraigned and that the case would have to be reversed for this reason. The constitutional and statutory provisions relating to a criminal prosecution by the State are not applicable to the violation of municipal ordinances unless so provided. City of Mobile v. McCown Oil Co., 226 Ala. 688, 148 So. 402 (1933); Birmingham v. Evans, 53 Ala. App. 358, 300 So.2d 396, cert. denied, 293 Ala. 136, 300 So.2d 401 (1974). The prosecution for violation of municipal ordinances is statutory and quasi-criminal in nature.