Cooper v. Henslee

I concur in part and dissent in part to the majority opinion. My concurrence is based on the fact that I agree that the decree must be reversed, but my dissent is premised on the fact that I disagree with the reason for reversal.

I would reverse because I do not feel that the chancery court had jurisdiction. The statues passed upon by the chancellor are a part of the criminal law of our state, listed under the heading, “Treason, Disloyal Conduct, Sabotage.” While I agree with the majority that, under a number of United States Supreme Court decisions, membership alone in a communist…