Legal Opinion · Dissent

McPherson v. State

Indiana Supreme Court

Decided December 16, 1909No. 21,453Published

From Hamilton Circuit Court; Ira W. Christian, Judge. Prosecution by The State of Indiana against George McPherson. From a judgment of conviction, defendant appeals.

1Dissent

Dissenting Opinion.

Montgomery and Jordan, JJ.

We are constrained to dissent from the prevailing opinion upon two points: (1) The subject of the legislation is not, as the court affirms, expressed in its title, as required by article 4, §19, of the state Constitution, which declares that ‘ ‘ every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title such act shall be void only as to so much thereof as shall not be expressed in the title.”…

2Cases cited32 opinions

  1. State v. GerhardtIndiana Supreme Court · 1896
  2. Hamilton v. RathboneSupreme Court of the United States · 1899
  3. Shea v. City of MuncieIndiana Supreme Court · 1897
  4. State v. ClarkeSupreme Court of Missouri · 1873
  5. State v. Judge of the Circuit CourtSupreme Court of New Jersey · 1888

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