Legal Opinion

State v. Hessel

Washington Supreme Court

Decided August 3, 1920No. 15828PublishedCited by 17 opinions

Appeal from a judgment of the superior court for Franklin county, Truax, J., entered December 11, 1919, upon a trial and conviction of the unlawful possession of intoxicating liquor.

1Opinion of the CourtMackintosh, J.

The defendant was tried and convicted under chapter 19, Laws of 1917, p. 60 § 17 (h), which provides: . . any person who carries about with him intoxicating- liquor with the purpose of the unlawful sale of the same be, and is hereby defined to be, a bootleg-ger. Any person convicted of being . . . a bootlegger as herein defined shall be guilty of a felony.”

The appellant urges, first, that this section is unconstitutional for the reason that it attempts to provide for the punishment of an intent to do an act, not coupled with an overt criminal act, and bases his argument upon the ease of…

2Cases cited4 opinions

  1. Proctor v. StateCourt of Criminal Appeals of Oklahoma · 1918
  2. State v. SmithWashington Supreme Court · 1918
  3. State v. BurgessWashington Supreme Court · 1920
  4. State v. RaymondSupreme Court of Connecticut · 1855

3Cited by17 opinions

  1. State v. SevernsWashington Supreme Court · 1942
  2. State v. TurnerWashington Supreme Court · 1921
  3. State v. ThompsonWashington Supreme Court · 1966
  4. State v. HodgesWashington Supreme Court · 1922
  5. State v. BrownWashington Supreme Court · 1922

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