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BAINES v. CITY OF BIRMINGHAM

6 Div. 6.

238 So.2d 352 (1970)

James Ellis BAINES, Jr. v. CITY OF BIRMINGHAM.

Court of Criminal Appeals of Alabama.

Rehearing Denied June 30, 1970.

Attorney(s) appearing for the Case

Cooper, Mitch & Crawford, and George C. Longshore, Birmingham, for appellant.

Herbert Jenkins, Jr., and William C. Walker, Birmingham, for City of Birmingham.

CATES, Judge.

Appeal from conviction of ordinance breach. Fine, $100.00 and 90 days in the Birmingham Jail were imposed.

The City's complaint in the Circuit Court was as follows:

"* * * that James Ellis Baines, Jr. within twelve months before the beginning of this prosecution on, to-wit: September 10, 1967, and within the City of Birmingham at, to-wit: Woodrow Wilson Park, a public place, did take part in an assembly which the officer then in command...

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