Barbour v. City of Montgomery

CATES, Judge.

This case comes before us on the three following assignments of error:

“1. The Trial Court erred m overruling appellant’s written motion to suppress the evidence.

“2. The Trial Court erred in overruling appellant’s motion to 'exclude all the testimony of C. J. Maggelet.

“3. The Trial Court erred in overruling appellant’s motion to exclude the prosecution’s (City of Montgomery) on, the ground that it was evidence illegally obtained without a search warrant.”

The appellant here seeks a distinction .between the instant case and that obtaining in Perry v. City of Birmingham, 38 Ala.App.…