Barbour v. Georgia
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF GEORGIA. The case is stated in the opinion. Wine has from the dawn of civilization been a recognized article of commerce, useful in arts, mechanics and for scientific, medicinal and religious purposes. Its future acquisition may be prohibited, but until some statute has been passed to change its status it retains the status of property given by common consent of mankind through the course of centuries.
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ERROR TO THE SUPREME COURT OF THE STATE OF GEORGIA. The case is stated in the opinion. Wine has from the dawn of civilization been a recognized article of commerce, useful in arts, mechanics and for scientific, medicinal and religious purposes. Its future acquisition may be prohibited, but until some statute has been passed to change its status it retains the status of property given by common consent of mankind through the course of centuries. Under that status it was clothed with the protection afforded by the guarantees of the Fourteenth Amendment, and we insist that the State cannot alter…
1Opinion of the Court
Mr. Justice Brandéis
delivered the opinion of the court. .
The Georgia prohibitory liquor law was approved November 18, 1915; but, by its terms, did not become effee- tive until May 1, 1916. Under it Barbour was convicted for having in his possession on June 10, 1916, more than one gallon of vinous liquor. (Georgia Laws, Extraordinary Session, 1916, Part 1, Title 2, No. 4, §§ 16 & 30, pp. 90, 99, 105.) He asserted that the liquor had been acquired by him before May first; and contended that the statute, if construed to apply to liquor so acquired, was void under the Fourteenth Amendment. The…
2Cases cited6 opinions
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Bartemeyer v. IowaSupreme Court of the United States · 1874
- Crane v. CampbellSupreme Court of the United States · 1917
- Diamond Glue Co. v. United States Glue Co.Supreme Court of the United States · 1903
- Calder v. Michigan Ex Rel. Attorney GeneralSupreme Court of the United States · 1910
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3Cited by25 opinions
- Yakus v. United StatesSupreme Court of the United States · 1944
- American Surety Co. v. BaldwinSupreme Court of the United States · 1932
- Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
- Jacob Ruppert v. CaffeySupreme Court of the United States · 1920
- Samuels v. McCurdySupreme Court of the United States · 1925
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