73 So. 116 | Ala. | 1916
This proceeding was begun before the recorder of the municipality of Jasper, and sought to charge the defendant (appellant) with the violation of an ordinance approved June 16, 1913, which ordinance only prescribed a penalty against the tenant or owner of a house or building for keeping or maintaining any surface closet, etc., following the requirement that, under certain conditions defined, tenants or owners should connect surface closets, etc., with sanitary sewers. The affidavit on which the defendant was tried and convicted in the recorder’s court was not then assailed in any way. The defendant took an appeal to the circuit court, where the trial was de novo. — Code, §§ 1451, 6744. In the circuit court counsel for the city filed a statement undertaking to charge an offense under the ordinance.
The demurrer took the objection that the phrase in the statement, “or under the control of” was the alternative of a charge directed against the owner of the premises, and that it assumed to charge an act not within the penalty of any law. The ordinance to which the statement’s charges must be referred imposed
For the error stated, the judgment is reversed and the cause is remanded.
Beversed and remanded.