Appellant was convicted in the Circuit Court of Jefferson County of violating § 824 of the General City Code of Birmingham of 1944, which reads as follows:
The particular corollary crime of which he was accused of inciting others to commit is found in § 1436 of the City Code. This section makes it an offense to remain on the premises of another after a warning. See Gober v. City of Birmingham, Ala.App., 133 So.2d 697.
We can only consider one point raised by the assignments of error and the propositions of law and argument, i. e., the sufficiency of the evidence to show a violation of § 824, supra.
The statement of the case set forth in appellant's brief (which we are entitled to
The appellant's argument on this point deliberately evades the effect of the word "incite" in the city ordinance, and deals solely with the joint responsibility of an aider and abetter. It is sufficient to answer this argument by a quotation from Jowitt's Dictionary of English Law, p. 953:
A sit-down demonstration being a form of trespass after warning, denotes a violation of both State law and especially of § 1436 of the City Code, supra.
There is no question of the restriction of any right of free speech or other assimilated right derived from the Fourteenth Amendment, since the appellant counseled the college students not merely to ask service in a restaurant, but urged, convinced and arranged for them to remain on the premises presumably for an indefinite period of time. There is a great deal of analogy to the sit-down strikes in the automobile industry referred to in National Labor Relations Board v. Fansteel Metallurgical Corp., 306 U.S. 240, 59 S.Ct. 490, 83 L.Ed. 627.
As presented by the appellant's assignments of error and brief, the judgment below is due to be
The application for rehearing in this case is supported by a brief which contains two propositions of law, both of which are predicated on the appellant's having been convicted under § 1436 of the General City Code of Birmingham.
This appellant was convicted of inciting others to violate § 1436. The propositions accordingly have no bearing on the facts.