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FEARN v. CITY OF HUNTSVILLE

8 Div. 450.

568 So.2d 349 (1990)

James Erskin FEARN v. CITY OF HUNTSVILLE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 27, 1990.

Certiorari Denied August 31, 1990.

Attorney(s) appearing for the Case

Earl D. McNeal, Huntsville, for appellant.

No brief for appellee.

Alabama Supreme Court 89-1197.

BOWEN, Judge.

James Erskin Fearn was convicted for driving under the influence of alcohol in violation of Ala.Code 1975, § 32-5A-191(a)(2), and sentenced to 30 days in the city jail. Fearn raises two issues on this appeal from that conviction.

I

The U.T.T.C. charged that the offense occurred on December 3, 1988, at "23:56 M.T." We take judicial notice of the fact that 23:56 military time is the same...

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