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SMITH v. CITY OF BIRMINGHAM

6 Div. 997.

168 So.2d 35 (1964)

Flora SMITH v. CITY OF BIRMINGHAM.

Court of Appeals of Alabama.

October 6, 1964.

Attorney(s) appearing for the Case

Arthur Shores and Orzell Billingsley, Jr., Birmingham, Jack Greenberg, Norman C. Amaker, New York City, and J. LeVonne Chambers, Charlotte, N. C., for appellant.

Wm. C. Walker, Birmingham, for appellee.

CATES, Judge.

This is an appeal from a conviction before a jury of breach of a city ordinance making it "unlawful for any person to stand or loiter upon any street or sidewalk of the city after having been requested by any police officer to move on." Birmingham Code 1944, § 1142, as amended. Phifer v. City of Birmingham, 42 Ala.App. 282, 160 So.2d 898, and Shuttlesworth v. City of Birmingham, 42 Ala.App. 296,

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