DAVIS v. CITY OF BIRMINGHAM

6 Div. 863.

178 So.2d 547 (1965)

J. B. DAVIS v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

September 9, 1965.


Attorney(s) appearing for the Case

Jas. L. Shores, Jr., Birmingham, for appellant.

Earl McBee and Wm. C. Walker, Birmingham, for appellee.


GOODWYN, Justice.

Appeal by respondent (Davis) from a decree holding fireworks found in his possession to be contraband and subject to forfeiture and destruction. Our conclusion is that the decree must be reversed.

A varied assortment of fireworks was found in Davis' possession within the police jurisdiction of the City of Birmingham, complainant below and appellee here. The City charged appellant with a violation of its Ordinance No. 1425-F, which amended...

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