Legal Opinion

Commonwealth v. Hodges

Court of Appeals of Kentucky

Decided February 24, 1910PublishedCited by 9 opinions

CASE 30. — PROSECUTION BY 'COMMONWEALTH OF THOMAS HODGES AND OTHERS FOR PURCHASING TOBACCO IN VIOLATION OF THE POOLING LAW.— Appeal from Christian Circuit Court. Thos. P. Cooic, Judge. Demurrer to indictment sustained and Commonwealth appeals. —

1Opinion of the Court

Opinion of the Court by

William Rogers Clay, Commissioner

—Reversing.

The question arising on this appeal is whether or not the amendment to the pooling act of 1906, enacted by the Legislature in 1908, and commonly known as the “Crecelius Law,” is constitutional. The question arises in the following manner: The grand jury of Christian county, Ky., indicted Thomas Hodges and R. C. West for the offense of unlawfully purchasing pooled tobacco. They interposed a demurrer to the indictment, which was sustained by the trial court. Thereupon the indictment was dismissed, and the commonwealth appeals.

The…

2Cases cited6 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Lawton v. SteeleSupreme Court of the United States · 1894
  3. Commonwealth v. International Harvester Co.Court of Appeals of Kentucky · 1909
  4. Sinking Fund Commissioners v. GeorgeCourt of Appeals of Kentucky · 1898
  5. Owen County Burley Tobacco Society v. BrumbackCourt of Appeals of Kentucky · 1908

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3Cited by9 opinions

  1. Liberty Warehouse Co. v. Burley Tobacco Growers' Co-Operative Marketing Assn.Supreme Court of the United States · 1928
  2. Potter v. Dark Tobacco Growers Co-Operative Ass'nCourt of Appeals of Kentucky · 1923
  3. Burley Tobacco Society v. GillaspyIndiana Court of Appeals · 1912
  4. Lee v. Clearwater Growers Ass'nSupreme Court of Florida · 1927
  5. Hatcher, SEC. of State v. Meredith, Atty. Gen.Court of Appeals of Kentucky (pre-1976) · 1943

4 more not listed; retrieve them via the Exa API.

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