Legal Opinion

Bazemore v. State

Supreme Court of Georgia

Decided January 26, 1905PublishedCited by 12 opinions

Indictment for unlawful purchase of seed-cotton. Before Judge Seabrook. Muscogee superior court. December 17, 1904. Bazemore was charged with the offense of a misdemeanor; for that, without the written consent of the owner of the land whereon the same was produced, and without the written consent of the agent of such owner,' he did, between the 1st of Aug. and the 20th of Dec., to wit, on the 10th of Nov., 1904, unlawfully purchase 98 pounds of cotton in the seed from one…

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Indictment for unlawful purchase of seed-cotton. Before Judge Seabrook. Muscogee superior court. December 17, 1904. Bazemore was charged with the offense of a misdemeanor; for that, without the written consent of the owner of the land whereon the same was produced, and without the written consent of the agent of such owner,' he did, between the 1st of Aug. and the 20th of Dec., to wit, on the 10th of Nov., 1904, unlawfully purchase 98 pounds of cotton in the seed from one Leonard Huling. The defendant demurred on the ground, that the local act creating such an offense (Acts 1889, p. 1391) was…

1Opinion of the CourtLamar, J.

(After stating the foregoing facts.) The right to be at large without the right to act would be but to live in a prison of extended bounds. The liberty which is guaranteed by the constitution means far more than freedom from servitude. An integral and essential element is the right to use all one’s powers of mind and body, to engage in any lawful occupation upon such terms as he may choose, and to make contracts with other citizens who are as free as himself. 'Presumptively every one may agree upon the terms on which he will sell his own property or buy that of another. This right can only be…

2Cases cited4 opinions

  1. Turner v. MarylandSupreme Court of the United States · 1883
  2. Hill v. Mayor of DaltonSupreme Court of Georgia · 1884
  3. Williams v. StateSupreme Court of Georgia · 1892
  4. Jenkins v. StateSupreme Court of Georgia · 1904

3Cited by12 opinions

  1. Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
  2. Clein v. City of AtlantaSupreme Court of Georgia · 1927
  3. Campbell v. City of ThomasvilleCourt of Appeals of Georgia · 1909
  4. Bramley v. StateSupreme Court of Georgia · 1939
  5. Jackson v. BeaversSupreme Court of Georgia · 1923

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