City of Birmingham v. Addison

BOOKOUT, Judge.

The appellee was convicted in the Birmingham Municipal Court on two charges of operating a wrecker without a permit and one charge of carrying a concealed weapon in a vehicle; all of which arose out of the same incident. He duly appealed to the circuit court for a trial de novo. In circuit court the trial judge suppressed the evidence concerning the search of the vehicle appellee was driving and the seizure of the pistol in question and dismissed the concealed weapon charge. A jury acquitted the appellee on the wrecker permit charges. The City of Birmingham now attempts to…