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CRUIKSHANK v. CITY OF BIRMINGHAM

6 Div. 17.

178 So.2d 230 (1965)

Howard CRUIKSHANK v. CITY OF BIRMINGHAM.

Court of Appeals of Alabama.

August 31, 1965.

Attorney(s) appearing for the Case

Arthur D. Shores and Orzell Billingsley, Jr., Birmingham, Jack Greenberg, Norman Amaker and Michael Meltsner, New York City, for appellant.

Wm. C. Walker, Birmingham, for appellee.

JOHNSON, Judge.

This is an appeal from a conviction, after verdict for violation of Sec. 1231 of the General City Code of Birmingham of 1944, which reads:

"It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a police officer."

The City's evidence tended to show that on April 7, 1963, at about 5:30 P. M., R. E. Middleton, a police officer for the City of Birmingham was ordered to go to Kelly...

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