Opinion
4 Div. 539.
March 4, 1930. Rehearing Denied March 25, 1930.
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge.
Gregory Pappas was convicted of violating an ordinance of the City of Eufaula prohibiting the sale, etc., of intoxicating liquors, and he appeals.
Affirmed.
McDowell McDowell, of Eufaula, for appellant.
A complaint for violation of a municipal ordinance must show not only the facts constituting the violation of an ordinance, but must aver the substance of the ordinance, its authoritative ordination, and that the party charged has violated it. Lineville v. Gauntt, 20 Ala. App. 135, 101 So. 154. A complaint which fails to charge an offense will not support a judgment of conviction. State v. Quarles, 158 Ala. 54, 48 So. 499.
Chauncey Sparks, of Eufaula, for appellee.
The complaint can be waived, and failure to object in the recorder's court is a waiver. Aderhold v. City of Anniston, 99 Ala. 521, 12 So. 472; Casteel v. Decatur, 215 Ala. 4, 109 So. 571; Trimble v. Haleyville, 20 Ala. App. 13, 101 So. 523; Myhand v. Dothan, 19 Ala. App. 167, 95 So. 782; McKinstry v. Tuscaloosa, 172 Ala. 344, 54 So. 629; Robertson v. Montgomery, 201 Ala. 198, 77 So. 724; Fealy v. Birmingham, 15 Ala. 367, 73 So. 296; Sherrod v. State, 197 Ala. 286, 72 So. 540; Lee v. State, 10 Ala. App. 191, 64 So. 637, Code 1923, §§ 1937, 4646; Dowling v. Troy, 1 Ala. App. 508, 56 So. 116.
Appellant, on appeal from a like conviction in the recorder's court of the city of Eufaula, was convicted of the offense of violating an ordinance of the said city prohibiting the sale, etc., of intoxicating liquors, in the circuit court of Barbour county. There was no objection interposed, in either the recorder's court or the circuit court, to the process, or complaint, on which the appellant was tried. It appears that proper affidavit, made before the recorder, was the beginning of the prosecution. There was really no necessity for the filing of any "complaint" in the circuit court. Code 1923, § 4646. The objection, made for the first time here, on appeal, to the sufficiency of said complaint, is therefore unavailing.
The evidence was ample to support the verdict and judgment of guilt. The judgment from which the appeal is taken must be, and is, affirmed.
Affirmed.