Austin v. Tennessee

The facts are stated in the opinion.

This was a writ of error to review the conviction of Austin for the sale of cigarettes in violation of an act of the general assembly of Tennessee (Acts of 1897, chap. 30) the material portion of which reads as follows:

'Be it enacted by the general assembly of the state of Tennessee, That it shall be a misdemeanor for any person, firm, or corporation to sell, offer to sell, or to bring into the state for the purpose of selling, giving away, or otherwise disposing of, any cigarettes, cigarette paper, or substitute for the same; and a violation of any of the provisions of this act shall be a misdemeanor punishable by a fine of not less than $50.'

Defendant was convicted in the circuit court of Monroe county, fined $50, and committed until the fine should be paid; and upon appeal to the supreme court of Tennessee the judgment of the circuit court was affirmed. 101 Tenn. 563, 48 S. W. 305.

Mr. Justice Brown delivered the opinion of the court: