452 So. 2d 916 | Ala. Crim. App. | 1984
Hubert Wayne Roberts was prosecuted in municipal court, and on appeal in circuit court, for driving under the influence of alcohol "in violation of Municipal Ordinance
On this appeal the appellant seeks a reversal due to the prosecutor's failure to plead and prove the municipal ordinance which he allegedly violated. The appellee concedes the fact that it failed to plead and prove the municipal ordinance cited in the complaint, but contends that the circuit court was "properly entitled to take `judicial notice' of the Ordinance in question," because it is a "verbatim adoption" of §
This same issue, involving a Mobile, Alabama, city ordinance and §
Therefore, on the authority of Maxwell v. City of Mobile,
REVERSED AND REMANDED.
All the Judges concur.