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EX PARTE CITY OF GADSDEN

85-546.

495 So.2d 1144 (1986)

Ex Parte: City of Gadsden. (Re: Harold CAGLE v. CITY OF GADSDEN).

Supreme Court of Alabama.

September 19, 1986.

Attorney(s) appearing for the Case

Alice B. Pruett, Gadsden, for petitioner.

Roy O. McCord of McCord and McCord, Gadsden, for respondent.

ADAMS, Justice.

Defendant, Harold Cagle, was convicted of driving under the influence of alcohol, pursuant to Code of Alabama (1975), § 32-5A-191, 495 So.2d 1142. The Court of Criminal Appeals set aside the conviction, finding that the prosecution failed to prove that the defendant had "actual physical control" over the vehicle, as is required by Key v. Town of Kinsey, 424 So.2d 701

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