State v. Rauscher
State v. Rauscher
Opinion of the Court
delivered the opinion of the court.
The first section of the act of 1877, ch. 23, makes it unlawful to sell orv tipple any intoxicating beverage within four miles of an incorporated institution of learning in this State. The second section provides that the act shall not apply to the sale of such liquors within the limits of any incorporated town. The defendant was indicted under this act for selling whisky within four miles of the East Tennessee University, and without the limits of an incorporated town, and demurred to the indictment. The demurrer was sustained, and the State appealed. The ground of demurrer is, that while the first section of the statute is a general law, the second section, by its exemption of persons selling within the limits of an incorporated town, deprives the act of its general character, and makes it a partial law within the prohibitions of the Constitution, art. 1, sec. 8, and art. 11, sec. 8. But “an act which extends to and embraces all persons who are or may come into the like situation and circumstances,” is a “law of the land” within the section of the bill of rights cited. Mayor, etc., of Alexandria v. Dearmon, 2 Sneed, 121. And the Constitution, art. 11, sec. 8, while declaring that the Legislature shall have no power to suspend any general law for the benefits of particular individuals, expressly authorizes the Legislature to create corporations, or to
The judgment will be reversed and the cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.