The appellant was convicted in the Recorder's Court of the City of Montgomery, Alabama, for the violation of an ordinance. He appealed to the Circuit Court where he was again tried and convicted. He appeals to this court.
The city introduced in evidence the following ordinance:
"Sec. 47. Prowling and trespassing.
The declaration or denouncement of conduct as unlawful does not make it a crime unless provision is made for its punishment. Johnston v. State, 100 Ala. 32, 14 So. 629; Bessemer Theaters, Inc., v. City of Bessemer et al., 247 Ala. 50, 22 So.2d 508; 22 C.J.S. Criminal Law, § 25, p. 86.
Where the prosecution is for the violation of an ordinance in which no punishment is prescribed, the city, in order to sustain a conviction, must introduce in evidence an ordinance which does provide for its punishment. Bivins v. City of Montgomery, 13 Ala.App. 641, 69 So. 224; Thompson v. City of Sylacauga, 30 Ala. App. 72, 200 So. 795. No provision for punishment is made in the ordinance the violation of which is charged here, and no related ordinance fixin a penalty was introduced. The motion to exclude the evidence should have been granted.
Reversed and remanded.