Opinion · Supreme Court of Alabama
Birmingham v. Evans
Birmingham v. Evans, 293 Ala. 136 (Ala. 1974)
- Type
- Opinion
- Court
- Supreme Court of Alabama
- Jurisdiction
- Alabama
- Date
- 1974-09-12
- Topic
- litigation
How later courts describe this case
- constitutional right to trial by jury does not extend to violation of city ordinances
Citator
UpLaw has not yet analyzed Birmingham v. Evans. The absence of a flag is not a finding that it is good law.
- Cited by
- 3 opinions
In. view of the holdings in Colten v. Kentucky, 407 U.S. 104, 92 S.Ct. 1953, 32 L.Ed2d 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.
HEFLIN, C. J., and COLEMAN, BLOODWORTH and JONES, JJ., concur.