Legal Opinion

Van Winkle v. State

Supreme Court of Delaware

Decided June 16, 1914PublishedCited by 48 opinions

Writ of Error (No. 1, January Term, 1914) to Court of General Sessions of Kent County. (No. 32, October Term, 1913 below). Benjamin F. Van Winkle was convicted of bringing intoxicating liquor into local option territory (ante, 88 Ail. 807), and he brings error. Reversed. Indictment for violation of Chapter 139, Volume 27, Laws of Delaware, known as the “Hazel Law”, and conviction under the law as announced upon an agreed state of facts.

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Writ of Error (No. 1, January Term, 1914) to Court of General Sessions of Kent County. (No. 32, October Term, 1913 below). Benjamin F. Van Winkle was convicted of bringing intoxicating liquor into local option territory (ante, 88 Ail. 807), and he brings error. Reversed. Indictment for violation of Chapter 139, Volume 27, Laws of Delaware, known as the “Hazel Law”, and conviction under the law as announced upon an agreed state of facts. On the first day of March, 1913, the Congress of the United States enacted a statute which has become generally known as the “Webb-Kenyon Act,” the title and…

1Opinion of the CourtWoolley, J.

[1] Upon the first proposition suggested by the assignments of error, “That the act of the Legislature under which the defendant is indicted, being Chapter 139, Volume 27, Laws of Delaware, is unconstitutional in that it violates Section 16, Article 2, of the state Constitution, which provides that the subject of every bill shall be expressed in its title,” wé hold that the act in question is not unconstitutional for the reason urged, and in doing so we adopt the reasoning and approve the decision of the Court of General Sessions in the case of State v. Grier, in disposing of the same…

2Cases cited21 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Mugler v. KansasSupreme Court of the United States · 1887
  3. Brown v. MarylandSupreme Court of the United States · 1827
  4. Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
  5. Leisy v. HardinSupreme Court of the United States · 1890

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3Cited by48 opinions

  1. Clark Distilling Co. v. Western Maryland Railway Co.Supreme Court of the United States · 1917
  2. Federal United Corp. v. HavenderSupreme Court of Delaware · 1940
  3. Gallegher v. DavisSuperior Court of Delaware · 1936
  4. State v. HobsonSupreme Court of Delaware · 1951
  5. Mayor of Wilmington v. TurkCourt of Chancery of Delaware · 1925

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