Legal Opinion

Lash v. State

Supreme Court of Alabama

Decided February 24, 1943No. 8 Div. 252PublishedCited by 25 opinions

1Opinion of the Court

THOMAS, Justice.

The Court of Appeals, under provisions of Code 1940, T. 13, § 88, submits to this court the question of whether or not Section 54, Title 14, Code 1940, is in violation of the Constitutions of the State of Alabama or of the United States.

In submission to this Court, the Court of Appeals recites that it is of opinion that said section is subject to the same vice as section 3447 of the Code of 1923, held void by the Supreme Court of the United States in Thornhill v. State, 310 U.S. 88, 60 S.Ct. 736, 84 L.Ed. 1093.

The statute in question was incorporated in Michie’s Code of 1928…

2Cases cited65 opinions

  1. Thornhill v. AlabamaSupreme Court of the United States · 1940
  2. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  3. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  4. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  5. Lochner v. New YorkSupreme Court of the United States · 1905

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3Cited by25 opinions

  1. Alabama State Federation of Labor v. McAdorySupreme Court of Alabama · 1944
  2. Kelly v. StateSupreme Court of Alabama · 1962
  3. Clark v. FiggeSupreme Court of Iowa · 1970
  4. Nelson Weaver Realty Company, and Nelson Weaver Mortgage Company, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1962
  5. Deutcsh v. StateCourt of Criminal Appeals of Alabama · 1992

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