Smith v. City of Irondale

HEFLIN, Chief Justice

(dissenting):

Since the City of Birmingham and the City of Irondale are arms of one sovereignty (the State of Alabama), it is my opinion that the opinion of the Court of Criminal Appeals should be affirmed under Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435, because the stipulation provides that the actions of the defendant for which he was prosecuted in the respective Recorder’s courts of the respective municipalities commenced in the City of Birmingham and continued into the City of Irondale at rates of speed which exceeded the maximum limits prescribed by the ordinances of both municipalities.

FAULKNER and JONES, JJ., concur in the foregoing dissent.