Ellenburg v. State

The majority opinion holds that scienter, either , express or implied, is absent from T.C.A. sec. 39-3001, thereby rendering it void under the holding of the Supreme Court of the United States in Smith v. California, supra.

If the premise that the language of the Section does not imply scienter is correct, then the conclusion reached by the majority is inescapable. However, I cannot agree *159•with .the premise that scienter is not implicit in the language of the Section for the reasons appearing herein and I dissent accordingly.

• I agree with the majority that the purpose of statutory…