PRICE, Judge.
This prosecution is based on Section 89 of Title 36 of the 1940 Code, as amended, and was begun by affidavit in the Jefferson County Court of Misdemeanors. From the judgment of conviction in that court defendant appealed to the circuit court, where the Solicitor filed his complaint charging the defendant with operating a motor vehicle, "to-wit a truck, upon the public highways of Jefferson County, Alabama, with an axle weight in excess of 18,000 pounds...
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