452 So. 2d 1380 | Ala. Crim. App. | 1984
Appellant, Alvis Eugene Jones was found guilty of reckless driving in the Municipal Court of the Town of Courtland. He appealed that judgment to the Circuit Court for Lawrence County. On October 20, 1983, a jury convicted Jones of reckless driving in violation of Ala. Code §
Jones moved for judgment notwithstanding the verdict, which the trial court properly considered as a motion for judgment of acquittal. A.R.Crim.P.Temp. 12.3. From denial of that motion, Jones appeals.
The record on appeal clearly indicates that counsel for the Town of Courtland did not attempt to introduce the ordinance, nor any proof thereof, until both parties had rested their cases. In fact, the evidence was proffered only after defense counsel had initiated a motion for acquittal grounded upon this omission by the prosecution.
The law in Alabama is clear as to the permissibility of reopening a criminal case to receive additional evidence. InBallenger v. State,
On authority of Ballenger and numerous other cases which uphold the same proposition in various contexts, Ala. Digest,Criminal Law, Key Nos. 686-689, we find no error as to this issue. It was within the discretion of the trial court to reopen the case before summation to receive evidence of the applicable ordinance of the Town of Courtland.
"(b) No ordinance or resolution intended to be of permanent operation shall be adopted by the council at the same meeting at which it is introduced, unless unanimous consent of those present is *1382 given for the immediate consideration of such ordinance or resolution, such consent to be shown by a vote taken by yeas and nays, and the names of the members voting shall be entered upon the minutes, and no ordinance or resolution intended to be of permanent operation shall become a law unless on its final passage a majority of the members elected to said council in cities of over 12,000 inhabitants or the mayor and three aldermen or four aldermen in cities of less than 12,000 inhabitants and in towns shall vote in its favor."
The record on appeal contains a certified copy of Ordinance Number 111, as well as a record of the meeting at which it was adopted. The minutes of the Town of Courtland council meeting of December 16, 1981, reflect the following:
"December 16, 1981"
"We, the undersigned, were duly notified of a special meeting to adopt an ordinance adopting a state code of the state of Alabama.
/s/ Gerry W. Parker /s/ Goodwin Dyer /s/ R.L. Eskridge"
"Gerry Parker made a motion that the Town of Courtland adopt the State Code of the State of Alabama in ordinance No. 111. Goodwin Dyar seconded. All voted Aye!
/s/ Peggy S. Hazle, City Clerk /s/ Roy Coffee, Mayor"
We find that these proceedings comply with the requirements of Ala. Code §
Based upon our findings and the foregoing authorities, appellant's conviction is due to be, and hereby is, affirmed.
AFFIRMED.
All the Judges concur.