Legal Opinion

Vickers v. State

Tennessee Supreme Court

Decided June 29, 1940Published

1Opinion

Opinion on Petition to Be-hear.

2Opinion of the CourtJustice Chambliss

A petition to re-hear presents for the first time a challenge of the constitutionality of the Act of. 1939, Chap. 49, particularly Paragraph 3 of Section 15 thereof, which we held to authorize officers of the Highway Patrol to serve search warrants in liquor cases in Carroll County.

Parenthetically it may be remarked that, while the question of constitutionality may be first raised at any time, even on a petition to re-hear, the burden, always on those attacking the constitutionality of an Act of the Legislature, is increasingly heavy when raised for the first…

3Cases cited2 opinions

  1. Chadrick v. StateTennessee Supreme Court · 1940
  2. Akers v. StateTennessee Supreme Court · 1940

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