Legal Opinion

McClellan v. State

Tennessee Supreme Court

Decided August 2, 1955PublishedCited by 11 opinions

1Opinion of the CourtJustice Swepston

By stipulation the same facts and proceedings exist in both cases and they are to be considered as one.

Plaintiffs in error were convicted of selling- beer without a permit and by agreement prior to trial by the Court without a jury, were fined $10 each.

They have appealed and assigned several errors, a number of which, in the view we take, it will be unnecessary to discuss.

The pertinent facts are that each of these men prior to October 13, 1952, had a valid permit to sell beer. On that date the Quarterly County Court made it unlawful to sell :beer outside any town or city within 2,000 feet of…

2Cases cited5 opinions

  1. State Ex Rel. Saperstein v. BassTennessee Supreme Court · 1941
  2. Putnam County Beer Board v. SpeckTennessee Supreme Court · 1947
  3. Madison v. City of MaryvilleTennessee Supreme Court · 1938
  4. Terry v. EvansTennessee Supreme Court · 1949
  5. Tucker v. Carter County Beer BoardTennessee Supreme Court · 1950

3Cited by11 opinions

  1. Harmon v. Angus R. Jessup Associates, Inc.Tennessee Supreme Court · 1981
  2. Needham v. Beer Board of Blount CountyTennessee Supreme Court · 1983
  3. Stewart Title Guaranty Co. v. McReynoldsCourt of Appeals of Tennessee · 1994
  4. Doughty v. HammondTennessee Supreme Court · 1960
  5. Howard v. StateCourt of Criminal Appeals of Tennessee · 1978

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