Legal Opinion

R. M. Rose Co. v. State

Supreme Court of Georgia

Decided October 1, 1909PublishedCited by 12 opinions

Constitutional questions; from Court of Appeals. The Court of Appeals certifies to the Supreme Court that a decision of the following questions, within the purview of the constitutional amendment creating the Court of Appeals, is necessary to the proper determination of the case, to wit: 1. “Is section 438 of the Penal Code of Georgia unconstitutional and void as being repugnant to art. 1, sec. 8, par. 3 (Civil Code, §5974), of the constitution of the United States, in that…

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Constitutional questions; from Court of Appeals. The Court of Appeals certifies to the Supreme Court that a decision of the following questions, within the purview of the constitutional amendment creating the Court of Appeals, is necessary to the proper determination of the case, to wit: 1. “Is section 438 of the Penal Code of Georgia unconstitutional and void as being repugnant to art. 1, sec. 8, par. 3 (Civil Code, §5974), of the constitution of the United States, in that said section of the Penal Code contains a prohibition of lawful interstate commerce and is a burden thereon; also, is…

1Opinion of the CourtBeck, J.

In the view which we take, an answer to the last question propounded by the Court of Appeals controls the whole ease. Did the criminal accusation set out an offense punishable by the laws of Georgia? The defendant, a non-resident company doing business in the State of Tennessee, sent from that State through the United States mail a circular letter to a resident of Georgia, advertising intoxicating liquors for sale in Tennessee. In this State there is a law prohibiting the sale of such liquors. The defendant was prosecuted under the Penal Code, §428, which is as follows: “If any person shall…

2Cases cited29 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
  3. Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
  4. Leisy v. HardinSupreme Court of the United States · 1890
  5. Railroad Co. v. HusenSupreme Court of the United States · 1878

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

3Cited by12 opinions

  1. In re FiteCourt of Appeals of Georgia · 1912
  2. Estep v. StateCourt of Appeals of Georgia · 1973
  3. Thayer v. StateCourt of Appeals of Georgia · 1988
  4. State v. HolmesWashington Supreme Court · 1912
  5. State v. BarberCourt of Appeals of Georgia · 1989

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

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