Simmons v. City of Birmingham

Full title: Gettis James SIMMONS, alias Summers, v. CITY OF BIRMINGHAM

Court: Court of Appeals of Alabama

Date published: Nov 21, 1950

49 So. 2d 927 (Ala. Crim. App. 1950)

35 Ala. App. 712

Opinion

6 Div. 39.

November 7, 1950. Rehearing Denied November 21, 1950.

Appeal from Circuit Court, Jefferson County; Roy Mayhall, Special Judge.

Certiorari denied 49 So.2d 921.

Geo. E. Trawick, of Birmingham, for appellant.

Chas. H. Brown, Asst. City Atty., of Birmingham, for appellee.

CARR, Judge.

The only insistence on this appeal is that the ordinance under which the prosecution is based is unconstitutional. The identical question has been recently decided contrary to the contention of appellant. Fiorella v. City of Birmingham, ante, p. 384, 48 So.2d 761, certiorari denied, Sup., 48 So.2d 768.

See, also Fluker v. City of Birmingham, ante, p. 360, 48 So.2d 768, certiorari denied 48 So.2d. 769; Dorsey v. City of Birmingham, ante, p. 383, 48 So.2d 770, certiorari denied 48 So.2d 770.

It is ordered that the judgment below be affirmed.

Affirmed.