Schwedes v. State
Court of Criminal Appeals of Oklahoma
On certificate from the Criminal Court of Appeals. William Schwedes was convicted of conveying intoxicating liquor from one place in the state to another, such liquor not having been lawfully purchased as authorized by the Constitution of the state, and he brought error to the Criminal Court of Appeals which court certifies the question to the Supreme Court as involving the construction of Const., art. i, § 9 (Bunn’s Ed. § 499), prohibiting the shipment or conveyance of…
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On certificate from the Criminal Court of Appeals. William Schwedes was convicted of conveying intoxicating liquor from one place in the state to another, such liquor not having been lawfully purchased as authorized by the Constitution of the state, and he brought error to the Criminal Court of Appeals which court certifies the question to the Supreme Court as involving the construction of Const., art. i, § 9 (Bunn’s Ed. § 499), prohibiting the shipment or conveyance of intoxicating liquor from one place in a state to another, except the conveyance of a lawful purchase. Reversed. . This cause…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). It is insisted by the plaintiff in error that the portion of the prohibition article which provides that “any person, * * * who shall ship, or in any other way, convey such liquors from one place within this state to another place therein, except the conveyance of a lawful purchase as herein authorized, shall be punished, * * *” is repugnant to the third clause of section 8, art. 1, of the Constitution of the United States, commonly referred to as the “interstate commerce clause” of the Constitution, wherein the power is delegated to the Congress of the…
2Cases cited2 opinions
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
- Heyman v. Southern Railway Co.Supreme Court of the United States · 1906
3Cited by11 opinions
- Titsworth v. StateCourt of Criminal Appeals of Oklahoma · 1909
- McCord v. StateCourt of Criminal Appeals of Oklahoma · 1909
- High v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Blunk v. WaughSupreme Court of Oklahoma · 1912
- State v. Eighteen Casks of BeerSupreme Court of Oklahoma · 1909
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