Butler v. State

I concur in the opinion, but do not concur with the statement that this Court held that there was a discriminatory enforcement of the Sunday Closing Law in Birmingham in our opinion in Simonetti, supra. Simonetti was a plurality opinion with Judges Harris and DeCarlo holding to the view that there was unequal enforcement of the law. Judge Tyson concurred in the reversal primarily on the ground that there was insufficient proof as to the number of employees on duty when the arresting officer arrived. Judge Cates and I dissented.

Significant is the fact that the Supreme Court in denying…