Legal Opinion

Smith v. State

Supreme Court of Georgia

Decided March 10, 1914PublishedCited by 9 opinions

Constitutional question; from Court of Appeals (5317). Tbe Court of Appeals certified the following question to the Supreme Court for decision: “Is the act of the General Assembly of Georgia, ‘making it a misdemeanor to obtain food, lodging, or other.accommodations at any hotel, inn, boarding-house or eating-house in this State, with intent to defraud the owner or keeper of the same/ approved August 13, 1910 (Acts 1910, p. 137), unconstitutional and void for any of the…

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Constitutional question; from Court of Appeals (5317). Tbe Court of Appeals certified the following question to the Supreme Court for decision: “Is the act of the General Assembly of Georgia, ‘making it a misdemeanor to obtain food, lodging, or other.accommodations at any hotel, inn, boarding-house or eating-house in this State, with intent to defraud the owner or keeper of the same/ approved August 13, 1910 (Acts 1910, p. 137), unconstitutional and void for any of the following reasons: (a) Does such act violate article 1, section 1, paragraph 21, of the constitution of this State,…

1Opinion of the CourtAtkinson, J.

1. The constitution of this State declares: “There shall be no imprisonment for debt.” Civil Code, § 6377. The question propounded by the Court of Appeals is whether the act above set forth violates this provision of the constitution. In Wilson v. State, 138 Ga. 489 (75 S. E. 619), one question was whether the act approved August 15, 1903 (Acts 1903, p. 90), was violative of the 13th amendment to the Federal constitution against involuntary servitude except as punishment for crime. Section 1 of the act there involved was: “If any person shall contract with another to perform for him services…

2Cases cited6 opinions

  1. Bailey v. AlabamaSupreme Court of the United States · 1911
  2. Banks v. StateSupreme Court of Georgia · 1905
  3. Lamar v. StateSupreme Court of Georgia · 1904
  4. In re MileckeWashington Supreme Court · 1909
  5. Clark v. StateIndiana Supreme Court · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. AverySupreme Court of Kansas · 1922
  2. State v. . YarboroSupreme Court of North Carolina · 1927
  3. State v. CochraneIdaho Supreme Court · 1931
  4. State v. YarboroSupreme Court of North Carolina · 1927
  5. Hollis v. StateSupreme Court of Georgia · 1921

4 more not listed; retrieve them via the Exa API.

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