City of Birmingham v. Scoggins

Full title: CITY OF BIRMINGHAM v. David SCOGGINS

Court: Court of Criminal Appeals of Alabama

Date published: Oct 27, 1981

406 So. 2d 450 (Ala. Crim. App. 1981)

Opinion

6 Div. 607.

October 27, 1981.

Appeal from Circuit Court, Jefferson County; James S. Garrett, Judge

James K. Baker, W.O. MacMahon, III, and Thomas Bentley, III, Birmingham, for appellant

Carl E. Chamblee, Birmingham, for appellee

DeCARLO, Judge

This is an appeal by the City of Birmingham, a Municipal Corporation, after an acquittal before a petit jury in the Jefferson Circuit Court on charges of affray and carrying a concealed weapon

On appeal, the City of Birmingham has argued that it has a right of appeal after the jury's acquittal of the defendant. This issue was decided by this court, adversely to the City of Birmingham, in an opinion written by Judge Bookout in City of Birmingham v. Michael Addison, 406 So.2d 449 (Ala.Cr.App. 1981)

On authority of City of Birmingham v. Michael Addison, supra, this appeal is dismissed

APPEAL DISMISSED

All the Judges concur