Reynolds v. City of Birmingham

SIMPSON, Judge-

The sole question presented by this appeal relates to the action of the trial court in granting the appellee’s (plaintiff below) motion for a new trial.

Appellant, having been convicted in the-recorder’s court for violation of an ordinance of appellee city, appealed to the-circuit court where trial again proceeded. There, a verdict of not guilty was returned. In so far as is shown by the record, the: appellant’s defense, an alibi, was first disclosed in the circuit court pending trial after the appellee had rested its • case. This alibi was to the effect that, at the time of the…