State v. McFall

We approach the consideration of the question here involved with the presumption that the section of the statute assailed is valid and constitutional. Tet, while the. presumption is in favor of the validity of the law, if the language of the statute is clear and the legislative intent manifest, and the act plainly conflicts with the Constitution, there is no room for presumption.

It is a declaration of commonplace law that courts will not hold legislative acts to be unconstitu*186tional unless satisfied, beyond a reasonable doubt, of their invalidity.

The defendant in this case having attacked the…