State v. Seinknecht
State v. Seinknecht
Opinion of the Court
delivered the opinion of the Court.
Defendant was indicted under a bill charging that on the 10th day of January, 1915, in Anderson county,
The statute reads:
“Before the owner of any automobile, motorcycle, auto truck, traction engine or other vehicle of like character used for the purpose of conveying persons or freight or for any other purpose, whether such vehicle is propelled by steam, gasoline, or electricity, or any other mechanical power, shall operate or permit to be operated, upon any street, road, highway or any other public thoroughfare or elsewhere in Tennessee such owner shall register such vehicle with the secretary of state, giving the motor power or horse power and make of same together with the name and residence address of such owner, and shall upon payment of the following fees: For automobiles of more than four'passenger seating capacity $7.50. For au.tomobile of four [passenger] or less seating capacity . . . or traction engines $5.00. For motorcycles*132 $2.50 receive from the secretary of State a certificate showing such registration, which certificate shall be numbered as issued, in consecutive order, and shall' thereafter, upon payment of a fee of $1.00 register said certificate with the county court clerk of the county in which the owner may reside, provided that if application shall be made for registration of an automobile or motorcycle under this section after the first of September in any year, the applicant shall be required to pay but one-half the registration fee hereinabove provided for. ’ ’ Acts of 1915, chapter 8, section 1.
The eighth section makes a violation of the act a misdemeanor.
It is perceived that the statute does not forbid the operation simply upon any street, road, highway, or other public thoroughfare, but adds the words, “or elsewhere in Tennessee.” So it is concluded that it is against the law to operate a motorcycle at all until the registration shall be made, as provided by section 1.
The result is the judgment of the trial court must be reversed, and the cause remanded for further proceedings.
Reference
- Full Case Name
- State v. T. A. Seinknecht
- Status
- Published