Goodrich v. State
Wisconsin Supreme Court
Furor, to review a judgment of tbe municipal court of Milwaukee county: A. 0. Beazee, Judge. Tbe plaintiff in error, hereinafter called tbe defendant, on March 11, 1907, sold to tbe prosecuting witnesses a tin box containing within what were marked and called “Between tbe Acts Little Cigars,” each a cylindrical roll of tobacco about two and three-fourths inches long by one-third of an inch in diameter, the exterior consisting of a section of wrapper leaf tobacco and the…
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Furor, to review a judgment of tbe municipal court of Milwaukee county: A. 0. Beazee, Judge. Tbe plaintiff in error, hereinafter called tbe defendant, on March 11, 1907, sold to tbe prosecuting witnesses a tin box containing within what were marked and called “Between tbe Acts Little Cigars,” each a cylindrical roll of tobacco about two and three-fourths inches long by one-third of an inch in diameter, the exterior consisting of a section of wrapper leaf tobacco and the interior of cigar leaf tobacco, partly Wisconsin, partly New York and Pennsylvania, and partly Cuban, said leaves being cut…
1Opinion of the CourtDodge, J.
In proper deference to the legislative branch of government we can, of course, entertain no doubt that in enacting sec. 4608†, Stats. (Supp. 1906; Laws of 1905, ch. *245'82), outlawing “cigarettes,” tlie legislature used that word to describe some well known, recognized, and definite article. It is not conceivable that they meant to denounce criminality upon a dealer in a theretofore legitimate article of commerce without making certain what that article is, so that ordinary law-abiding persons would be likely through honest mistake -or difference of opinion to fall into crime. If the word is…
2Cases cited3 opinions
- Miller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Perrault v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1903
- Kappes v. City of ChicagoAppellate Court of Illinois · 1905
3Cited by2 opinions
- State v. the Crabtree Co.Supreme Court of Minnesota · 1944
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1959