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CITY OF ATTALLA v. SMITH

CR-90-1311.

596 So.2d 651 (1992)

CITY OF ATTALLA v. James SMITH.

Court of Criminal Appeals of Alabama.

February 28, 1992.

Attorney(s) appearing for the Case

Richard A. Rhea of Rhea, Boyd & Rhea, Gadsden, for appellant.

Victor Jackson, Gadsden, for appellee.

MONTIEL, Judge.

James Smith was indicted for the unlicensed carrying of a pistol in a vehicle, in violation of § 13A-11-73, Code of Alabama 1975. Smith filed a motion to suppress, in which he alleged that the police did not have probable cause to stop his vehicle. The circuit court granted Smith's motion, and the City of Attalla filed this appeal.

Rule 15.7(a), A.R.Crim.P., provides:

"An appeal may be taken by the state in a felony case...

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