Legal Opinion

Carter v. State

Supreme Court of Alabama

Decided January 5, 1943No. 1 Div. 433PublishedCited by 15 opinions

1Per curiam

We are not of opinion that the statute, Code 1940, T. 14, § 59, on its face deals with the freedom of speech or the press, or in any way interferes therewith. Therefore the holding of the United States Supreme Court in Thornhill v. Alabama, 310 U.S. 88, 60 S.Ct. 736, 84 L.Ed. 1093, is not an apt authority.

We are of opinion, however, that the first subdivision of said statute on which the prosecution is rested is void for uncertainty in the expression of the legislative intent. Standard Oil Co. v. State, 178 Ala. 400, 59 So. 667; 59 C.J. p. 601, § 160.

Said Section 59 provides, inter alia,…

2Cases cited5 opinions

  1. Thornhill v. AlabamaSupreme Court of the United States · 1940
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Eidge v. City of BessemerSupreme Court of Alabama · 1909
  4. Standard Oil Co. v. StateSupreme Court of Alabama · 1912
  5. United States v. Missouri Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1914

3Cited by15 opinions

  1. Bolin v. StateSupreme Court of Alabama · 1957
  2. Lash v. StateSupreme Court of Alabama · 1943
  3. Carter v. Beaver County Service Area No. OneUtah Supreme Court · 1965
  4. Lash v. StateAlabama Court of Appeals · 1943
  5. State v. BallardCourt of Criminal Appeals of Alabama · 1976

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