City of Birmingham v. Tomberlin

TYSON, Judge.

The City of Birmingham, acting through Police Officers Jimmy L. Wesson and Sgt. C. E. Nelson, made complaint against Phil Tomberlin for operating a store on September 7, 1975, in violation of the City Ordinance and State Statute prohibiting the operation of a general store on Sunday, contrary to law. The case was tried in Recorders Court, and thereafter appealed to the Circuit Court of Jefferson County, Alabama, where, following a jury trial, the appellant was acquitted, and the City of Birmingham prosecutes this appeal pursuant to the provisions of Title 62, Section 693, Code of…