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BIRMINGHAM v. EVANS

3 Div. 224.

300 So.2d 396 (1974)

Laura BIRMINGHAM v. Honorable James H. EVANS, as Judge of the Municipal Court of the City of Montgomery, Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied May 7, 1974.

Attorney(s) appearing for the Case

Henry C. Chappell, Jr., Montgomery, for appellant.

Walter J. Knabe, Montgomery, for appellee.

HARRIS, Judge.

In this case we are called upon to decide whether one accused of violating an ordinance of a municipality is entitled to a jury trial upon demand.

On the 28th day of February, 1973, a warrant was issued by an Assistant Clerk of the Municipal Court of the City of Montgomery charging appellant with the offense of petit larceny (shoplifting in this case) in violation of Chapter 24, Section 24-40, City Code of Montgomery, Alabama 1964. When the...

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