Legal Opinion

Neisel v. Moran

Supreme Court of Florida

Decided August 21, 1919PublishedCited by 40 opinions

Writ of Error to the Circuit Court for Dade County; H. Pierre Brauning, Judge. STATEMENT. Neisel was convicted in the Criminal Court of Record of Dade County upon an information charging in one count that on March 21, 1919, he had “in his possession, custody and control in Dade County, State of Florida, certain alcoholic and intoxicating liquors and beverages, to-wit, ninety-seven (97) quarts of whiskey,” and in another count that on March 21, 1919, in Dade County, Florida,…

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Writ of Error to the Circuit Court for Dade County; H. Pierre Brauning, Judge. STATEMENT. Neisel was convicted in the Criminal Court of Record of Dade County upon an information charging in one count that on March 21, 1919, he had “in his possession, custody and control in Dade County, State of Florida, certain alcoholic and intoxicating liquors and beverages, to-wit, ninety-seven (97) quarts of whiskey,” and in another count that on March 21, 1919, in Dade County, Florida, he “did then and there transport, cause to be transported and was then and there concerned in the transportation from a…

1Opinion of the Court

Whitfield. J.

(after stating the facts) :

There is a preliminary contention that the amendment to Article XIX of the State Constitution proposed by the legislature in 1917, and adopted at the polls November 5, 1918, to “go into effect” January 1, 1919, is invalid because it was not proposed,, submitted and ratified in accordance with Article XVII of the State Constitution, in that the legislature in proposing the amendment to Article XIX did not “determine upon the submission of the amendment to the people for ratification or rejection.”

The Constitution requires that proposed amendments to the…

Also in this document: Concurrence; Dissent.

2Cases cited48 opinions

  1. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  2. Crowley v. ChristensenSupreme Court of the United States · 1890
  3. California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
  4. Murphy v. CaliforniaSupreme Court of the United States · 1912
  5. Crane v. CampbellSupreme Court of the United States · 1917

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

3Cited by40 opinions

  1. Gaulden v. KirkSupreme Court of Florida · 1950
  2. Johnson v. CraftSupreme Court of Alabama · 1921
  3. State Ex Rel. Davis v. RoseSupreme Court of Florida · 1929
  4. People Ex Rel. Ogilvie v. LewisIllinois Supreme Court · 1971
  5. Thursby v. StewartSupreme Court of Florida · 1931

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

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