State v. Hughes
State v. Hughes
Opinion of the Court
The defendant was charged and convicted of selling intoxicating liquor for beverage purposes. After an unsuccessful effort to obtain a new trial, he was sentenced to suffer imprisonment ■ in the parish jail for 60 days, to pay a fine of $500, and, in
It was held in the cases of State v. Coco, 152 La. 241, 92 South. 883, State v. Baker, 152 La. 257, 92 South. 889, State v. Anding, 152 La. 259, 92 South. 889, and State v. Cleary, 152 La. 265, 92 South. S92, that Act 39 of 1921 was valid, in so far as it prohibited the sale, etc., for beverage purposes, of whisky and other well-known intoxicating liquors, therein specifically named, and that the reference found in that act to federal legislation for a definition of the words “intoxicating liquors” did not refer to those thus specifically named. These decisions settle the question in so far as respects the intoxicating liquors specifically mentioned as such.
The defendant, in this case, has no interest in raising the same question here; for, granting that the reference thus made to federal legislation is unconstitutional, still, as it appears that the liquor that defendant sold does not come within the reference complained of, defendant can have no earthly interest in raising the question, unless it should be that the unconstitutionality of that reference, if it be unconstitutional, would invalidate the entire act. However, such would not be the case, as was decided in State v. Coco, cited above.
The judgment appealed from is therefore affirmed, at defendant’s costs.
Reference
- Full Case Name
- STATE v. HUGHES
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- 1 case
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- Syllabus
- (Syllabus by Editorial Staff.) I.Statutes Act No. 39 of 1921, in so far as it prohibits the sale, etc., for beverage purposes of whisliy and other well-known intoxicating liquors therein specifically named, does not violate Const. 1921, art. 3, § 18, prohibiting the adoption of any system or code of laws by general reference, because of the reference therein to federal legislation for a definition of intoxicating liquors. 2. Constitutional law Where defendant was charged with selling whisky or alcohol, he had no interest in raising the question as to the constitutionality of the reference in Act No. 39 of 1921 to federal legislation to determine what liquors other than those specifically named shall be deemed intoxicating. 3. Statutes &wkey;>64(9) — Unconstitutionally of reference to federal legislation in prohibition statute does not invalidate entire act. If the reference to federal legislation by Act No. 39 of 1921, to determine what liquors other than those specifically named therein shall be deemed intoxicating, is unconstitutional, its unconstitutionaiity does not invalidate the entire act. 4. Criminal law The refusal of a new trial, so far as it was sought on the ground that the judgment convicting accused was contrary to the law and the evidence, is not within the power of the Supreme Court to review.