State v. Kumpfert
Supreme Court of Louisiana
Appeal from First City Criminal Court, Parish of Orleans; Edward King Skinner, Judge. John T. Kumpfert was indicted for violating the pharmacy law, and on dismissal of the prosecution the State appeals.
1Opinion of the CourtProvosty, J.
Defendant was charged with having violated Act No. 66, p. 74, of 1888, known as the “Pharmacy Law.” He pleaded that said act is unconstitutional, and the court sustained the plea and dismissed the prosecution; and the state has appealed. Defendant urges here that this court is without jurisdiction of the appeal. His contention is that article 85 of the Constitution, conferring jurisdiction upon this court in cases where a statute has been declared to be unconstitutional, applies only to civil cases. Article 85 makes no such distinction. It gives this court jurisdiction of “all cases wherein…
2Cases cited3 opinions
- Allopathic State Board of Medical Examiners v. FowlerSupreme Court of Louisiana · 1898
- State v. HunterSupreme Court of Louisiana · 1905
- State v. GoffSupreme Court of Louisiana · 1901
3Cited by4 opinions
- State v. F. W. Woolworth Co.Supreme Court of Minnesota · 1931
- North Carolina Board of Pharmacy v. LaneSupreme Court of North Carolina · 1958
- State v. KingSupreme Court of Louisiana · 1913
- State Ex Rel. Paquette v. Board of PharmacySupreme Court of Louisiana · 1939